Wine Law

78 WINE LAW The recent developments at a European level have been shown on the most recent Italian case-law. As already analysed, the protection of Designations of Origin and Geographical Indications across the different European countries is deeply influenced by EU Regulations, Directive and the European Court of Justice’s case-law. Concerning wine DOs and GIs, the General Court of the European Union, with the ruling of 28 September 2017 (T-206/16), confirmed the decision of the European Union Intellectual Property Office (EUIPO) Cancellation Division, which refused the registration of the EU trademark application Tres Toros 3, in class 33, filed by a Spanish company, due to the existence of the prior Spanish Toro DO, protecting a prestigious wine production of the Castile and León region, in particular in the area between the cities of Zamora and Valladolid. The Court considered that consumers – including nonSpanish ones – would immediately be inclined to associate the term “Toros” with the prior Designation of Origin, being the different elements (“Tres” and “3”) likely insufficient to distinguish the trademark from the Toro DO typical of Castilian full-bodied red wines. More recently, the EUIPO Board of Appeal, with the 17 May 2020 decision, has refused the registration of the Champagnola EU trademark application, in consideration of the prior and well-known French Champagne protected designation of origin (AOP in French)11. This decision appears to be particularly significant since the rejected trademark application did not claim class 33 (including wine products) but different products and services in classes 30, 40 and 4312. However, despite the difference between the relevant products and services, the EUIPO has refused the registration, grounding its decision on the evocative character of the trademark application and on the exploitation of the reputation of the Champagne DO. In particular, the EUIPO has stated that the evocation of a GI or DO may be recognised, even if the products claimed by the subsequent trademark application are different from those characterised by the French AOP, especially considering Champagne’s strong reputation. According to the EUIPO, the Champagnola trademark would exploit the status of the well-known French AOP. This means that Designations of Origin and Geographical Indications may also benefit from broader protection, similar, in a sense, to that granted to trademarks with reputation. This decision seems to further enlarge the concrete scope of protection of designations of origin regarding the well-established case-law of the European 11 Decision of the Fourth Board of Appeal of the EUIPO, of 17 April 2020, case no. R 1132/2019-4, in Dart.ip. 12 Class 30 refers to coffee, flout, rice, cereals, bread or confections, class 40 to the treatment of materials and class 43 to food services.

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