Wine Law

2 certain company. The link between the product’s quality and its geographical origin is not necessarily guaranteed by trademarks. Nevertheless, as regards trademarks, wine trademarks are exceptions to general trademark law, considering the particular link between the land and the name. It is reflected in all conditions of validity of a trademark, which has to be eligible for protection as a trademark (I), available (II) and legitimate (III). I. An Eligible Sign for Protection as a Trademark Trademarks consist of the monopoly of a commercial sign. It is a territory of the exclusive right of use, which can be sought at a national or regional level. However, in terms of AOs and GIs, there is no global trademark law. A national trademark offers a geographical scope of protection, which is limited, as its name implies, to the national territory upon which the trademark has been filed and it is subject to the national law of this country. National trademarks can coexist with regional ones, such as the European trademark (EUTM), which have a unitary character and consist of one single registration valid in all Member States. On an international level, the Madrid system, which is a centralised system, allows the filing and managing of trademarks in 122 countries, but it does not seek international protection. In Europe, trademarks are now subject to the rules derived from EU Directive 2015/2436, of 16 December 2015, to approximate the laws of the Member States relating to trademarks 2 and EU Regulation 2017/1001, of 14 June 2017, on the European Union trade mark (hereafter EUTMR). I.1. Definition of Trademark According to Article 4 EUTMR: “(…) an EUTM may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, or sounds, provided that such signs are capable of: (a) 2 Implemented in France through Order No. 2019-1169, of 13 November 2019, and Decree No. 2019-1316, of 9 December 2019.