Wine Law

22 service shops, where the consumers choose the goods themselves and must therefore rely primarily on the image of the mark placed on that product 49 . Therefore, no risk of confusion has been found between LITU for Chilean wines and PITU for alcoholic beverages (except beers). Because they are short signs, even small differences are more easily perceived by the consumer. Descriptive Expressions widely used by wine producers are not taken into account in the assessment of similarity. As an example, the Spanish expression “castillo de” (which corresponds to the equivalent words “château”, “castello”, “Schloss” or “castle’” in other EU languages, as well as in the designation of wines) has been dismissed when assessing the similarity between the prior sign “Castillo de Illiria” and the applied sign, which were found to be similar. 6) A specific and extended protection is granted by Article 8.5 EUTMR for registered trademarks in relation to dissimilar goods/services which are unlikely to arouse confusion, provided they benefit from a reputation. This article sets forth cumulative requirements that must be satisfied, for instance:  the prior trademark must enjoy a reputation;  the signs must be identical or similar;  there must be a link between the trademarks at issue on the part of the public;  the use of the opposed trademark must be without due cause; and  the use of the opposed trademark must be detrimental to or take unfair advantage of the distinctive character or reputation. In order to determine whether a trademark enjoys a reputation, all the relevant facts should be taken into consideration, particularly the market share held by the trademark, the intensity, the geographical scope the duration of its use, and the investments made by the company to promote it. Once the reputation of the trademark and the existence of a link between the trademarks at issue are proved, the existence of any detriment to the reputation or of an unfair advantage taking into account all the factors and circumstances 49 TEU 25 January 2017, Anton Riemerschmind Weinbrunnerei, “Litu” T-187/16.