Geography Reference
In-Depth Information
of trade marks which contain or consist of false geographical indications for
wines and spirits without the condition that they are of such a nature as to
deceive the public' and that 'a new subparagraph (j) has to be added to Article
7(1) of Regulation (EC) No 40/94'.
99
The Court recalled that since the
Community is a party to the TRIPS Agreement, it is required to interpret its
trade mark legislation, as far as possible, in the light of the wording and purpose
of that Agreement.
100
Furthermore, the Court noted that the concept of a GI
identifying wines, within the meaning of Art 7(1)(j) of Regulation No 40/94,
must be read in the light of the relevant provisions of Community law on
determining and protecting GIs relating to wines, referring to Regulation No
1493/1999, which is also intended to ensure that Community law is consistent
with the provisions of the TRIPS Agreement.
101
Article 47(1) of Regulation
No 1493/1999 provides that the rules relating to the description, designation
and presentation of certain products covered by the Regulation are set out in
this Chapter and in Annexes VII and VIII. Point A of Annex VI deals with the
definition of 'Specified region', which includes 'the name of a local administra-
tive area, a part thereof or a small locality to designate a quality wine'.
102
Article
4(1) of the Regulation dealing with the PDO 'VALENCIA' provided that the
area of production protected by the PDO consisted of, inter alia, the sub-region
Clariano, which includes, inter alia, a local administrative area with the name el
Palomar. Thus the Court ruled that the name el Palomar is a GI for a quality
wine and therefore constitutes a GI identifying wines within the meaning of
Art 7(1)(j) of Regulation No 40/94.
103
The Court also referred to references to
the name 'Palomar' in the annex to the Agreement between the European
Community and the Republic of South Africa on trade in wine
104
and the
Agreement between the European Community and the Swiss Confederation
on trade in agricultural products.
105
6.78
As it was not in dispute that the applicant's wine did not come from the local
administrative area el Palomar, the Court ruled that the mark applied for
consisted of a geographical indication which identifies a quality wine psr even
though the wine in respect of which the mark is sought does not have that
origin and therefore the Board of Appeal was correct in finding that the mark
applied for 'was inadmissible on the basis of the absolute ground for refusal laid
down in Article 7(1)(j) of Regulation No 40/94'.
106
99
Ibid, para. 61.
100
Citing Case C-245/02
Anheuser-Busch Inc. v Bud˘jovický Budvar
[2004] ECR I-10989 at para 42.
101
Judgment 11 May 2010 at paras 73-4.
102
Ibid, at para 75.
103
Ibid, at para 88.
104
Ibid, at para 104.
105
Ibid, at para 106.
106
Ibid, at paras 111-12.
