The term Emmentaler cannot be protected as a trademark for cheese from Switzerland. This was decided by the General Court of the European Union in a judgment on May 24, 2023 (Case T-2/21).
According to trademark law, geographical indications of origin can also be protected. However, the indication must not primarily be descriptive. This is an obstacle to trademark registration, according to the law firm MTR Legal Rechtsanwälte, which focuses its advice on IP law and thus also on trademark law.
The European Union Intellectual Property Office (EUIPO) saw such an obstacle to registration with a trademark application for Emmentaler cheese. An industry association from Switzerland wanted to register Emmentaler as a word mark for cheese from the Emmental region in Switzerland. The aim of the trademark protection was to ensure that only cheese from Switzerland could be called Emmentaler. Other manufacturers would then have been required to indicate the region of origin, e.g., Emmentaler from the Allgäu.
However, the EUIPO rejected the application. The General Court of the European Union has now confirmed this decision. For the relevant German public, Emmentaler describes a type of cheese rather than the geographic origin of the cheese. The designation thus has a descriptive character in at least one member state of the European Union. This is sufficient to reject a registration as a trademark, the court said. There is an obstacle to registration, so the term cannot be protected as a trademark.
The ruling does not mean that geographical indications cannot also enjoy trademark protection as a protected designation of origin or a protected geographical indication. This is especially the case when the geographical indications evoke particular associations with quality or taste among consumers. For example, the OLG Hamburg has ruled that only Scotch whisky can bear the addition “Glen,” as it suggests that the whisky comes from Scotland. There are many more examples.
Therefore, it must always be weighed on a case-by-case basis whether trademark protection can also be applied for a designation of origin.
Im IP law Experienced lawyers at MTR Legal Rechtsanwälte advise on trademark law issues.
Contact us now!➤ Lawyer IP Law – learn more!
