Wine Law

6 a characteristic of the products and services designated. Terms that are only suggestive or allusive as regards certain characteristics of the goods and/or services are not considered as descriptive. The exclusivity requirement of descriptiveness limits the extent of Article 7.1(c). Therefore, it has been ruled as regards laudatory connotation, that a trademark cannot be perceived by the relevant public both as a promotional formula and as an indication of the commercial origin of the goods or services. It follows that, in so far as the public perceives the trademark as an indication of that origin, the fact that the trademark is at the same time understood, perhaps even primarily understood, as a promotional formula it has no bearing on its distinctive character. Thus, a sign such as “La Milla de Oro”, referring to the characteristic of a product or service, which is that such a product or service, can be found in abundance in a single place with a high degree of value, is unlikely to be considered as descriptive. Indeed, the Spanish expression “La Milla de Oro”, which translates to “The Golden Mile”, firstly designates a geographical zone which varies depending on the name of the geographical place which accompanies it and secondly refers to a specific level of quality of the goods and services which varies depending on the name of the geographical place with which that sign is associated 9 . In the presence of a complex trademark (i.e. a trademark composed of several verbal or figurative elements), the assessment relates to each element of the sign, but also the sign as a whole. The sole fact that each element, taken separately, is descriptive in nature does not preclude the combination which they form may be devoid of such a character. In the wine sector, the relevant public is usually considered as composed of wine professionals and the general public with an average level of attention, since wines are consumer products. Therefore, the following signs have been refused registration:  “Classic Fine Foods” for delicatessen services in class 35 10 , since the three terms are part of the basic English vocabulary and they give rise to a usual lexical combination, that can be easily recognised by users as designating services directly or indirectly 9 ECJ 6 July 2017 La Milla de Oro C139/16. 10 TUE 14 July 2017, Classic fine foods T-194/16; see also TUE February 1 st , 2013, Perle’, T-104/11.