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be decided before the examination as to whether Art 16 of Regulation No 110/
2008 may be applicable. 36
In so far as that question refers to a mark containing the generic term
corresponding to a PGI and its translation, the Court noted that, pursuant to
the first subparagraph of Art 15(3) of Regulation No 110/2008, the GIs
registered in Annex III thereto cannot become generic. Conversely, the second
subparagraph of Art 15(3) states that names which have become generic may
not be registered in Annex III. It follows that, for the purposes of determining
the validity of the registration of the marks at issue in the main proceedings, it
cannot be argued that the indication 'Cognac', registered in Annex III, has
become generic. 37
5.136
It should be added that, in accordance with Art 14(2) of Regulation No 110/
2008, the GIs registered in Annex III thereto, such as 'Cognac', cannot be
translated either on the label or in the presentation of a spirit drink. 38
5.137
In Joined Cases C-4/10 and C-27/10 Bureau national interprofessionnel du
Cognac v Gust. Ranin Oy 39 the ECJ considered the concept of 'evocation', as
referred to in Art 16(b) of Regulation No 110/2008. It pointed out that that
concept covered 'a situation in which the term used to designate a product
incorporates part of a protected designation, so that when the consumer is
confronted with the name of the product, the image triggered in his mind is that
of the product whose designation is protected'. 40 It also instanced the situation
where the Court has held that that could be the position in the case of products
with visual similarities and sales names which are phonetically and visually
alike. 41
5.138
The Court ruled that the use of a mark containing the element 'Cognac' for
spirit drinks which did not meet the relevant specifications could be categorised
as an 'evocation' for the purposes of Art 16(b) of Regulation No 110/2008. 42 It
added that, in accordance with that provision, the mention of the actual origin
of the product or the use of the GI in translation or accompanied by an
5.139
36
Ibid, at para 49.
37
Ibid, at para 53.
38
Ibid, at para 52.
39
[2011] ETMR 53.
40
Ibid, at para 56, citing Case C-87/97 Consorzio per la tutela del formaggio Gorgonzola [1999] ECR I-1301,
para 25 and Case C-132/05 Commission v Germany [2008] ECR I-957, para 44.
41
Ibid, at para 57 citing Consorzio per la tutela del formaggio Gorgonzola , para 27 and Commission v Germany , para
46.
42
Ibid, at para 58.
 
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