Geography Reference
In-Depth Information
claimed and with reference to the perception by the relevant public.
14
The
OHIM Trade Marks Manual points out that the descriptive character of the
geographical term may pertain to:
+
the place of production of the goods,
+
the subject matter of a good (for example, what city or region a travel
guide is about, or the area covered by a newspaper),
+
the place at which the services are rendered,
+
the place where the company rendering the services has its seat and from
where the rendering of the services is managed and controlled,
+
the nature of the goods to which the service relates (eg 'Chinese restau-
rant').
15
6.09
The OHIM Trade Marks Manual requires that the trade mark is not descrip-
tive in any of these respects.
16
The OHIM Trade Marks Manual states that an individual trade mark which
consists exclusively of a PGI/PDO for wines or spirits (eg word mark 'Tequila')
must be refused under Art 7(1)(c) and can only be registered as a collective
mark.
17
Moreover, this objection will naturally be appropriate where a trade
mark consists exclusively of a geographical name which is famous for the goods
even where this geographical name has no protection as an official PGI/
PDO.
18
6.10
The UK Trade Marks Manual identifies the following factors which will be
considered by examiners in order to assess the potential for other traders to use a
sign as a geographical designation:
6.11
(a) whether the geographical location has a reputation for the goods/services listed in
the application;
(b) if not, whether the characteristics of the geographical location concerned indicate
that the place is, or in the future is liable to become, a geographical source for the
goods/services listed in the application;
(c) the extent to which the location is known to the relevant class of persons in the UK
- and what it is known for.
The UK Trade Marks Manual advises that examiners will pay particularly close
attention to the following types of applications:
6.12
14
Ibid
15
Ibid
16
Ibid
17
Ibid, at 46.
18
Ibid
