The EUIPO will not register your trade mark if it contains or evokes a PDO or PGI protected in the EU. This month our spotlight is on GIview, the new tool that will help you prescreen for potential conflict and avoid objections.
Trade mark applications that contain or evoke a PDO or PGI protected in the EU typically refer to agricultural products (Classes 29 to 33) that incorporate geographical terms (e.g. CHAMPAGNE VEUVE DEVANLAY for wine, ORI DI SICILIA for olive oil,IRISH MONK for whisky).
Before filing for trade mark protection remember to use GIview to prescreen for potential conflict and help you avoid objections.
GIview is the single entry point for data on PDOs/PGIs protected in the EU (EU and non-EU GIs). Searching on terms in your trade mark will trigger results of other GIs with those terms, similar terms or misspellings. For more, please see the demo video here.
If you see potential conflict, you can avoid objections by either:
- not including those goods and services (incl. broad categories) in the specification (e.g. olive oil, edible oils); or
- rewording the specification to indicate that the relevant goods comply with the specifications of the PDO/PGI in question (e.g. wine complying with the specifications of the PDO ‘Champagne’).
For more information on Article 7(1)(j) EUTMR, please see the Guidelines.
For further questions on GIview, please contact the team at KeyUserManagement@euipo.europa.eu