Geography Reference
In-Depth Information
Cases C-4/10 and C-27/10
Bureau national interprofessionnel du Cognac v Gust.
Ranin Oy
111
when it observed that
it seems reasonable to hold that that situation may concern products comparable to the
spirit drink registered under that geographical indication: regardless of their various
categories, 'spirit drinks' covers drinks which have common objective characteristics and
which are consumed, from the point of view of the relevant public, on occasions which
are largely identical. Furthermore, they are frequently distributed through the same
channels and subject to similar marketing rules.
On this basis OHIM suggests that '
spirits
and
spirit-based mixtures (alcoholic
drinks)
, are “comparable” pursuant to the “COGNAC criteria”. On the other
hand,
spirits
and
fruit juices
(e.g. CALVADOS, an apple-based brandy, and
apple juice) cannot be considered comparable.'
112
In the case of wines, OHIM
observes that protection for comparable goods is limited to those set out in
Annex XIb of Regulation EC 1234/2007.
113
This annex lists the categories of
'grapevine products', including various types of wines, liqueur wines, sparkling
wines and wine-based products, such as must and vinegar. Thus a Community
trade mark application that conflicts with a PGI/PDO for wines must also be
refused for
must
(Class 32) or
vinegar
(Class 30).
(e) Translations
In Joined Cases C-4/10 and C-27/10
Bureau national interprofessionnel du
Cognac v Gust. Ranin Oy
114
it will be recalled that an application was made to
register in Finland a Community trade mark containing the Finnish translation
'KONJAKKIA' for 'cognac'. The ECJ held that the use of a mark containing a
GI, or a term corresponding to that indication and its translation, with respect
to spirit drinks which do not meet the relevant specifications constitutes, for the
purposes of Art 16(a) of Regulation No 110/2008, a direct commercial use of a
GI in respect of products which are comparable to the spirit drink registered
under that indication, but which are not covered by the registration.
115
6.83
B. COLLECTIVE AND CERTIFICATION MARKS
Signs or indications which may serve, in trade, to designate the geographical
origin of the goods or services under the trade mark laws of a number of
6.84
111
[2011] ETMR 53.
112
OHIM Trade Marks Manual at 44.
113
Ibid.
114
[2011] ETMR 53.
115
Ibid, at para 55.
