Wine Law

5 As a consequence, in the wine sector, the representation of a vine leaf for wine 5 or a yellow label with green outlines showing a stylised representation of fruits for goods in classes 32 and 33 are considered not to be distinctive 6 . Commonplace signs are also often descriptive of a characteristic and may be refused registration on the basis of other provisions of Article 7.1. I.2.2. Lack of distinctiveness of descriptive terms Article 7.1(c) provides a non-exhaustive list of signs that can be considered as descriptive of a characteristic of the products or services designated (i.e. its type or nature – laudatory terms, referring to a superior quality of the respective goods or services, as well as the inherent quality of the goods or services –, the quantity in which the goods can be sold, its intended purpose/function/ expected result, its value, its geographical origin or the time of production). In all cases, registration of a sign shall be refused when it has a descriptive character in the language of a member-state, although it is likely to be registered in another Member State. The sign has to present a sufficiently direct and concrete link with the goods and services at issue so as to enable the public concerned to immediately perceive a description of these goods and services, or of their characteristic 7 . Its descriptivity assessment should be made by reference to the perception of the public concerned on the one hand, and by reference to the products and services designated on the other. However, if the sign has to consist exclusively of signs or indications which may serve to designate characteristics of the goods or services concerned, it is irrelevant whether there are other, more usual, signs or indications for designating the same characteristics of the designated goods or services than those of which the sign concerned consists 8 . Furthermore, if a term has several potential meanings, it shall be refused registration since, at least one of its meanings is descriptive of 5 Ibidem . 6 EUTM No 10 776 599, EUIPO trademarks guidelines 7 TEU 14 July 2017, Classic fine foods T-194/16 §20. 8 ECJ Koninklijke KPN Nederland C-363/99 §57.