Wine Law

26 II.1.3. Prior signs identifying a legal entity When filing a trademark, the applied sign has to be available with regards to signs identifying a legal person in the conduct of its business and thus its economic activity. Articles 8.4 and 60.1 EUTMR allow a claiming of non-registered trademark or of other earlier signs used in the course of trade of more than mere local significance, as grounds for opposition and relative nullity. No definition of these signs is given by the EUTMR, but it settled that signs used in the course of trade are those that identify the origin of an activity, such as trade names, company names, domain names or even titles. They are subject to use requirements under national standard and under European standard, which have to be assessed together. This applies, in particular, to the ‘intensity of use’ under the national standard and ‘use in trade of more than mere local significance’ under the European standard. Therefore, the criterion of ‘more than mere local significance’ is more than just a geographical examination. The economic impact of the use of the sign must also be evaluated. Consideration must be given, and the evidence must relate, to the intensity and length of use, the spread of the goods and the advertising under the sign and the media used for that advertising, including the distribution of the advertising 55 . II.2. Availability Regarding Rights related to Personality and Creation Article 60.2 EUTMR introduces additional general grounds for refusal or invalidity of a trademark, “ where the use of such trade mark may be prohibited pursuant to another earlier right under the Union legislation or national law governing its protection ”, without further specification, other than a list of examples. The right to a name, the right to personal portrayal, a copyright and an industrial property right belong to this category. They are, therefore, rights of personality or linked to a creation, which are likely to be exploited commercially. Wine names often include a patronymic name, which most often corresponds to the name of the current or former owner of the winery. Thus, Carmen Sancho de Pedro’s claimed her 55 EUIPO Trademark guidelines.