Geography Reference
In-Depth Information
constitute a trade mark. For example, the Community Trade Marks Regulation
in Art 7(1) lists as absolutely barred from registration:
…
(b) trade marks which are devoid of any distinctive character;
(c) trade marks which consist exclusively of signs or indications which may serve, in
trade, to designate the kind, quality, quantity, intended purpose, value, geographical
origin, or the time of production of the goods or of rendering of the service, or other
characteristics of the goods or service;
(d) trade marks which consist exclusively of signs or indications which have become
customary in the current language or in the
bona fide
and established practices of
the trade;
...
(g) trade marks which are of such a nature as to deceive the public, for instance as to the
nature, quality or geographical origin of the goods or service;
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...
6. Absolute bars aligned with geographical indications protection
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The Community Trade Marks Regulation in Art 7(1) refuses registration to:
(j) trade marks for wines which contain or consist of a geographical indication
identifying wines or for spirits which contain or consist of a geographical indication
identifying spirits with respect to such wines or spirits not having that origin;
(k) trade marks which contain or consist of a designation of origin or a geographical
indication registered in accordance with Council Regulation (EC) No 510/2006 of
20 March 2006 on the protection of geographical indications and designations of
origin for agricultural products and foodstuffs;
(l)
when they correspond to one of the situations covered by Article 13 of the said
Regulation and regarding the same type of product, on condition that the appli-
cation for registration of the trade mark has been submitted after the date of filing
with the Commission of the application for registration of the designation of origin
or geographical indication.
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Art 7(1), Community Trade Mark Regulation, Art 3, Trade Marks Directive.
