Wine Law

16 “ (…) a term traditionally used in Member States (…) to designate: (a) that the product has a protected designation of origin or a protected geographical indication under Union or national law; or (b) the production or ageing method or the quality, colour, type of place, or a particular event linked to the history of the product with a protected designation of origin or a protected geographical indication” . The traditional terms for wines protected in the EU are now listed in the E-Bacchus database 33 . Traditional terms for wines are complements to the indication of origin of the wine. In addition to the geographical origin, these terms identify a specific characteristic or quality of the wine within a classification specific to its appellation (e.g. “Reserve”, “Fino”, “Vin Jaune”, “Premier Cru”), or which refers to the holding (e.g. “Château”, “Clos”). A traditional speciality guaranteed 34 is defined by Article 18 of EU Regulation 1151/2012 to describe “ a specific product or foodstuff that (a) results from a mode of production, processing or composition corresponding to traditional practice for that product or foodstuff; (b) is produced from rawmaterials or ingredients that are those traditionally used ”. Likewise, it does not refer to an origin but to traditional methods of production and recipes. This would apply to beers for example, but not to wines. 2) The use of these terms in a trademark was already protected by general absolute grounds of nullity, against a sign that consists exclusively of a traditional term for wine or of a traditional speciality guaranteed, since it is considered as descriptive, a characteristic of the product under Article 7.1(c), or a sign consisting or containing a traditional term for wine or of a traditional speciality guaranteed for a non-compliant product, since it would be considered as deceptive as to the quality of the product for the public under Article 7.1(g). 3) However, EU Regulation 2015/2424, of 16 December 2015, has made them an absolute ground for nullity, which has been reworked into EUTMR. Identical provisions have been 33 In France, traditional terms for wines are listed and ruled by Article 13 of the Decree of 19 August 1921, implementing Article L.214-1 of the Consumption Code in respect of wines, sparkling wines and spirits, and Articles 7 and 10 of Decree 2012-655 of 4 May 2012, on labelling and product traceability and certain oenological practices. 34 Listed in the E-Ambrosia database.