Wine Law

PROTECTION OF WINE NAMES BY TRADEMARK LAW 103 since it is considered as descriptive, a characteristic of the product under article 7(1)(c); and, on the other, consisting of or containing a traditional term for wine or of a traditional speciality guaranteed for a non-compliant product, since, under article 7(1)(g), it would be considered as deceptive as to the quality of the product . However, Regulation (EU) 2015/2424 of 16 December 2015 has made them an absolute ground for nullity, which has been reworked into EUTMR. Identical provisions have been reworked into the Directive (EU) 2015/2436 of 16 December 2015 and should, therefore, be incorporated into the Member States’ national laws 32 . Articles 7(1)(k) and (l) EUTMR refer to the provisions applicable for the protection of traditional term of wines and traditional speciality guaranteed according to Union legislation (i.e. Commission Regulation No 607/2009 as modified by Commission Implementing Regulation No 670/2011 and the Regulation No 1308/2013 for traditional terms of wines, and Regulation No 1151/2012 for traditional speciality guaranteed) or relevant international agreements to the Union or the Member State concerned . Furthermore, EU Regulations state that protected traditional terms 33 and traditional speciality guaranteed 34 may only be used for goods produced in conformity with their definition. As regards traditional terms, article 40(2) of Regulation No 607/2009 as modified by EU Regulation no.670/2011 and article 113 of Regulation No 1308/2013 protect them against any misuse, false or misleading indication as to the nature, characteristics or essential qualities of the product, placed on the inner or outer packaging, advertising material or documents relating to it, and other practice likely to mislead the consumer, such as giving the impression that the wine qualifies for the protected traditional term. However, it is specified that this protection is limited to the language and for the categories of grape vine products claimed in the application. Reference has been made to the ECJ to a preliminary ruling in a case concerning the use, by a German wine producer, of the French terms “ Grande Réserve ” and “ Réserve ” 35 , which are listed as traditional terms by EU Regulation for Greece, Spain, Italy, Austria and Portugal. The ECJ stated that an EU traditional term listed is protected in relation to wines of the same category(ies) from both the same or another producing Member State as that traditional term. The use of a particular relating to the production or ageing method or the quality 32 Implemented in France by Order No. 2019-1169 of 13 November 2009. 33 Article 41 of Regulation No 607/2009 and article 113 of Regulation No 1308/2013. 34 Article 23 of Regulation No 1151/2012. 35 ECJ of 13 March 2008, C-285/06.