Wine Law

14 (b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcripted or transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar; (c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, as well as the packing of the product in a container liable to convey a false impression as to its origin; (d) any other practice liable to mislead the consumer as to the true origin of the product ”. Therefore, a trademark shall be refused registration when the consumer confronted by the sign could establish a sufficiently close connection between that sign and the registered GI. This connection could be the result of imitation or evocation. To determine the existence of an evocation of protected indication of origin, the decisive criterion of evocation is: “(…) whether, when the consumer is confronted with a disputed designation, the image triggered directly in his mind is that of the product whose geographical indication is protected, a matter which it falls to the national court to assess, taking into account, as the case may be, the partial incorporation of a protected geographical indication in the disputed designation, any phonetic and/or visual similarity, or any conceptual proximity, between the designation and the indication ” 29 . The consumer of reference is the average European consumer, not only the consumer of the Member State where the product is produced 30 , who is reasonably well informed and reasonably observant and circumspect. The context surrounding the disputed element is not taken into account. Thus, the complementary indication of the true origin of the product concerned is irrelevant. In that respect, evocation of the protected GI “Calvados”, registered for cider spirit and perry spirit as originating in France, has been found evoked by the sign 29 ECJ 7 June 2018, Scotch Whisky Association – Michael Klotz C-44/17, §§50-56. 30 ECJ 21 January 2016, Viiniverla “ Verlados ” C-75/15.