Wine Law

17 More recently, the EUIPO Board of Appeal, with decision of 17/04/2020 has refused the registration of the “Champagnola” EU trademark application, in consideration of the prior and well-known French “Champagne” designation of origin (AOP). 7 This decision appears to be particularly significant, since the rejected trademark application did not claim class 33 (including wine products), but different products and services, in classes 30, 40 and 43. However, despite the difference between the relevant products and services, the EUIPO has refused the registration, grounding its decision on the evocative character of the trademark application and on the exploitation of the reputation of the “Champagne” designation of origin. In particular, the EUIPO has stated that the evocation of a geographical indication, or designation of origin may be recognised, also if the products claimed by the subsequent trademark application are different, from those characterised by the DO or GI, especially when the designation of origin has a strong reputation, as the French “Champagne” AOP. This means that also designations of origin and geographical indications may benefit from a wider protection, which, in a certain sense, seems to be similar to that granted to trademarks with reputation. As a matter of fact, the EUIPO has recognised that the “Champagnola” trademark exploits the reputation of the well-known French AOP. The importance of this decision deserves to be analysed, also in consideration of the fact that it seems to further enlarge the concrete scope of protection of designations of origin, in respect with the well-established case-law of the European Court of Justice, in comparable cases. Indeed, the ECJ, with its ruling of 20 December 2017 (C-393/16), has stated that the use of DO or GI, for characterising a product other than those covered by the DO or GI, but containing it as an ingredient is not per se unlawful. However, national Judges shall, under the concrete circumstances of the case, evaluate if the use of the designation of origin, or of the geographical indication constitutes an exploitation of the reputation of the DO or GI and if the said use grants, or not, any substantial characteristic to the product. This principle has been established by the ECJ, in a proceeding started in Germany by the consortium of the French “Champagne” AOP, used by a German company, the famous 7 Decision of the Fourth Board of Appeal of the EUIPO, of 17 April 2020, case no. R 1132/2019-4, in Dart.ip.