Wine Law

12 Limitations to freedom of choice of the applicant for a geographical wine trademark derive from the prohibition of deceptive signs based on the sustained willingness to protect the consumer from any sign which would mislead him or her. Thus, according to EUTMR, “ trade marks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service” [Art. 7.1(g)] are invalid. This general exclusion of deceptive signs has led quite naturally to the development of specific absolute grounds for invalidity linked, inter alia , to designations of origin (hereafter DOs) and GIs [Art. 7.1(j)], traditional terms for wine [Art. 7.1(k)], traditional specialities guaranteed [Art. 7.1(l)] and plant variety denomination [Art. 7.1(m)]. The application of these absolute grounds for refusal or nullity to wine trademarks reflects a mandatory connection between the sign, the land and/or the wine itself. I.4.1. Mandatory connection with the land 1) DOs and GIs are signs for collective use and cannot be appropriated by an individual market player. However, they can be integrated in a trademark denomination provided their registration as a trademark is not excluded pursuant to Union legislation or national law or to international agreements to which the Union or the Member State concerned is party [Art. 7.1(j) EUTMR]. This reference to national laws and international agreements allows for the application of standards with varying regimes and scope of protection, especially with regard to international agreements. As regards national law, the scope of protection is exclusively determined by EU regulations that have an exclusive competence. 2) As regards Union legislation, Article 102 of EU Regulation 1308/2013, of 17 December 2013, establishing a common organisation of the markets in agricultural products provides that a trademark that contains or consists of a protected designation of origin (hereafter PDO) or a GI that does not comply with the product specification concerned or its use shall be refused registration. Similar provisions are provided for spirits by Article 14.1 of EU Regulation 2019/787 and Article 23.2 of the TRIPS Agreement. PDOs and GIs require, inter alia , that the grapes from which the product is produced come from that geographical area (exclusively as regards DOs and at least 85 % of the grapes used for its production as regards GIs) and that the production takes place in that geographical