Geography Reference
In-Depth Information
noted that there was 'phonetic and visual similarity between the names 'Parme-
san' and 'Parmigiano Reggiano', and in a situation where the products at issue
are hard cheeses, grated or intended to be grated, namely, where they have a
similar appearance.
121
In addition, regardless whether the name 'Parmesan' was
or was not an exact translation of the PDO 'PARMIGIANO REGGIANO' or
of the term 'Parmigiano', the Court held that the conceptual proximity between
those two terms emanating from different languages must also be taken into
account.
122
It accepted that proximity and the phonetic and visual similarities in
this case 'brought to the mind of the consumer the cheese protected by the
PDO “PARMIGIANO REGGIANO”, when he is confronted by a hard
cheese, grated or intended to be grated, bearing the name “Parmesan”'.
123
Thus
the Court held the use of the name 'Parmesan' must be regarded, in the sense of
Art 13(1)(b) of Regulation No 2081/92, as an evocation of the PDO 'PARMI-
GIANO REGGIANO'.
124
1. Defence of good faith registration
3.184
The defendant in the 'GORGONZOLA' case
125
sought to rely on its good
faith defence in Art 14(2) of Regulation No 2081/92 in that the registration of
the trade mark 'CAMBOZOLA' in Austria, was made in good faith before the
date when the application for registration of the designation of origin was
lodged. The ECJ ruled that this defence was not open because in 1983, when
the trade mark 'CAMBOZOLA' was lodged in Austria, the protection enjoyed
there by the designation 'GORGONZOLA' was essentially similar to the
protection guaranteed since 1996 by Community law. It observed that 'the
concept of good faith referred to must be viewed in the light of the entire body
of legislation, both national and international, in force at the time when the
application for registration of the trade mark was lodged. However, it was for
the national court to decide whether the facts of the case allowed it to find good
faith.
N. RELATIONS BETWEEN TRADE MARKS, DESIGNATIONS OF ORIGIN AND
GEOGRAPHICAL INDICATIONS
Recital (53) to the Regulation indicates that the date for establishing the
seniority of a trade mark and of a designation of origin or a geographical
3.185
121
[2008] ECR I-957 at para 46.
122
Ibid, at para 47.
123
Ibid, at para 48.
124
Ibid, at para 49.
125
Case C-87/97.
