EU General Court confirms protection of the geographical designation for Pinot Noir – Case T-239/23
The designation Champagne for the sparkling wine is protected. The Court of the European Union (EU General Court) has reaffirmed the protection of the geographical indication. In its judgment dated June 25, 2025, the General Court ruled that an Italian company is not allowed to market its sparkling wines under the name “Nero Champagne” (Case T-239/23).
The trademark owner is obliged to regularly use the trademark in commerce to maintain trademark protection. Trademark law regulates the legal requirements for the protection of trademarks and their registration. Trademarks serve to clearly identify goods and services and allow the differentiation of products of one provider from those of others. The legal basis of protection grants the owner exclusive rights to the trademark. It is important to distinguish between different designations, as both trademarks and trade names can be legally protected. Various types of trademarks such as word marks, figurative marks, or combined marks are recognized under trademark law. Trademarks significantly contribute to the recognition of a company and strengthen its market identity. Trademark registration takes place in the trademark register, where the registration process ensures legal security through the entry. The Trademark Office, especially the DPMA (German Patent and Trademark Office), examines protectability and carries out the registration in the trademark register; the Patent and Trademark Office serves as the central contact point.
Trademark Protection: Importance, Requirements, and Legal Foundations
Trademarks can consist of words, images, or colors, provided they are suitable as signs to distinguish goods or services. Websites and online contents, such as information pages or brochures, offer comprehensive information on trademark protection and the legal framework. Relevant data is collected during trademark applications, necessary for the administration and protection of rights. The established use of a trademark without registration can also provide protection if it has been established in the market; the trademark owner then enjoys a monopoly on its use. Trademark law defines the statutory requirements for registration and protection of trademarks. The protectability of a sign also depends on the product’s value and distinctiveness. Well-known champagne brands like Veuve-Clicquot & Co. illustrate the importance of trademark families in the market. An overview of the main aspects of trademark protection helps to understand the legal requirements. Trademark rights apply to both goods and products and secure their designation of origin. The trademark owner manages and uses the mark within the framework of legal provisions. All essential aspects of trademark protection should be observed to ensure comprehensive coverage.
Trademarks ensure a high level of consumer recognition and therefore enjoy a high importance. Companies should register their trademarks to protect them from unauthorized use by competitors. However, during trademark registration, it must be verified whether such registration infringes the protection rights of an already existing trademark or geographical designation, according to the law firm MTR Legal Rechtsanwälte, which provides comprehensive advice in trademark law.
Introduction to Champagne
Champagne is recognized worldwide as the epitome of luxury and elegance. This noble beverage is produced exclusively from the grape varieties Pinot Noir, Pinot Meunier, and Chardonnay, which give Champagne its distinctive freshness, complexity, and fine taste. The production of Champagne is a complex process subject to strict rules to guarantee the high quality and special value of each bottle. Trademark protection plays a central role: it not only safeguards the uniqueness of the product but also secures the interests of the growers and companies behind the Champagne brand. Thus, the name Champagne remains a symbol of highest quality and exclusive enjoyment, appreciated worldwide by connoisseurs and consumers alike.
Origin and Terroir
The Champagne region is a unique area in northeastern France, whose name is inseparably linked to the famous sparkling wine. Only wines produced in this region – such as in the Montagne de Reims, the Côte des Blancs, or the Vallée de la Marne – according to traditional methods may be labeled Champagne. The special terroir, characterized by chalky soils, a cool climate, and the geographical location around Reims, gives Champagne its distinctive taste and extraordinary quality. Originating from this region is a decisive factor for the value of Champagne and makes each bottle a unique product, appreciated worldwide for its authenticity and excellence.
History and Culture
The history of Champagne dates back to the 17th century, when still wine was initially produced in the Champagne region. It was only with the development of bottle fermentation that the sparkling wine we know today emerged, quickly becoming a symbol of festive occasions and French lifestyle. Champagne is deeply rooted in French culture and has accompanied significant events for centuries, from royal celebrations to modern festivities. The “Champagne” brand stands not just for a product but for a piece of history and tradition. Only products that meet the strict requirements of the Appellation d’Origine Contrôlée (AOC) are permitted to carry this name – a proof of the high quality and special status of this wine.
Quality and Monitoring
The quality of Champagne is the result of careful supervision and strict regulations. Its production is governed by the rules of the Appellation d’Origine Contrôlée (AOC), which precisely defines which grape varieties – such as Pinot Noir, Pinot Meunier, and Chardonnay – may be used, how the harvest should be conducted, and how bottle fermentation must take place. The Institut National des Appellations d’Origine (INAO) monitors compliance with these requirements, ensuring that every bottle of Champagne meets the highest standards. Trademark protection plays an important role here as well: it safeguards the authenticity and quality of Champagne and preserves the uniqueness of this product in the international market. Thus, Champagne remains a guarantee of enjoyment, value, and unmistakable origin.
Violation of Protected Designation of Origin
This is also demonstrated by the ruling of the General Court, which decided that the designation “Nero Champagne” cannot be registered as a Union trademark because it violates the protected designation of origin “Champagne.”
In 2019, an Italian company applied to register the word mark “Nero Champagne” as a Union trademark with the European Union Intellectual Property Office (EUIPO), among others, for its sparkling wines. According to the manufacturer, the wines were intended to meet the requirements of the protected designation of origin “Champagne.”
French associations lodged an opposition to the decision. They argued that the term “Champagne” was being used unlawfully, which could mislead consumers and damage the reputation of the designation of origin.
Good Reputation Must Not Be Exploited
However, the EUIPO did not agree with this assessment, and the case was brought before the General Court. The court sided with the associations and overturned the EUIPO’s decision to allow the trademark. It clarified that the protection of geographical indications such as “Champagne” is particularly extensive. A trademark containing or imitating such a designation must not be registered if there is a risk that the reputation of the designation of origin could be exploited or diluted, or consumers could be misled about the true origin of the goods.
Furthermore, the court explained that the combination of the term “Nero” – the Italian word for “black” – with the term “Champagne” is problematic. It could create a misconception among consumers of a special variety of Champagne. In reality, however, there is no such thing as “black Champagne.”
Protecting Consumers from Being Misled
Even if the wines were indeed to meet the requirements of the protected designation of origin “Champagne,” this would not be sufficient to justify trademark registration, the General Court emphasized. The decisive factor is not whether the provisions of the designation of origin are observed in the individual case, but whether such a trademark is capable of exploiting or diluting the good reputation of the designation of origin.
Geographical indications serve to protect typical products from certain regions, such as Champagne or Parma ham, because consumers associate them with specific qualities or characteristics. Consumers are to be protected from deception, so the protection also extends to similar terms that may establish a connection with the protected designation.
Trademark Registration and Protection with Caution
The General Court reaffirmed the consistent protection of geographical indications. The trademark registration was deemed misleading and therefore inadmissible by the court. The ruling makes it clear that existing rights may not be infringed upon when applying for a trademark. Anyone wishing to register a new trademark should therefore have it reviewed early on to determine whether elements of the name might violate geographical, trademark, or competition law provisions. Only in this way can legal risks and later disputes be avoided.
Registering a trademark is an important means of protecting products and marketing them successfully. However, it must be carefully checked whether the trademark infringes existing rights of third parties. Violating established protection rights of older trademarks or geographical indications not only risks rejection of the trademark but also later legal conflicts or cancellation proceedings.
MTR Legal attorneys advise on trademark registration and protection as well as other topics related to trademark law.
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