Wine Law

7 related to food or any nutrient of very high quality or quality. The figurative element, consisting of the representation of a chef’s toque, does not provide an additional characteristic to the sign and merely reinforces the descriptive meaning of the verbal elements of the trademark, as a chef’s toque is usually accepted as referring to food and cooking;  “Adega Borba” for wine products, since it associates two word elements, namely a descriptive term (“adega”, the Portuguese word for “wine cellar”, thus referring to the facilities or sites in which such products are produced) and a geographical name (Borba, the geographical origin of those goods), which is also descriptive of the goods 11 ; and  “ Lieblingsweine” for products and services in classes 21 (parts or accessories of wine bottles, containers used for preserving wine), 33 (wine and spirits) and 43 (bar and restaurant services), since the relevant public (both general and professional public with a good command of the German language) will understand the term “lieblingswein” as “the wine that we drink most often”, or “wine held in high esteem, and which is preferred above all other wines” . Indeed, the combination “lieblingswein” is not an unusual neologism and it represents a comprehensible message by all and it has positive connotations. Thus, the applied sign is descriptive for all goods and services since it will be perceived as a concrete and promotional indication that they contain or are intended to be used in association with wine considered to be of a high quality. The minimalist graphic configuration will, at best, be perceived as a mere decoration, and is unlikely to distract consumers’ attention from the descriptive meaning of the verbal element 12 . I.2.3. 3D trademarks and distinctiveness 3D shape trademarks usually consist of containers, packaging, the product itself or their appearance. It is possible to combine them with other elements, such as verbal or figurative elements. 11 EUCJ, 6 December 2018, adegaborba.pt C-629/17. 12 TEU Team Beverage AG/EUIPO – 8 May 2019 – T55/18; see also TEU 19 December 2019, T-54/19, biancofino.