GEOGRAPHICAL INDICATIONS, DESIGNATION OF ORIGIN VERSUS EUROPEAN UNION TRADEMARK – CONFLICT OR CO-EXISTENCE?

Abstract

The study aims to highlight the situations that may arise in the context of the registration of a European Union trademark that refers to the same type of product for which a system of protection by geographical indication or designation of origin is established. After brief introductory considerations, there will be approached the definitions given to geographical indications, designations of origin and trademarks in the European Union legislation, highlighting the similarities and differences between them, an approach that the study proposes in order to precisely delimit the boundaries between the three notions. Being thus clarified these aspects, there will be identified in the European legislation the conflict situations that may arise between the geographical indications and designations of origin on the one hand and the European Union trademark on the other hand, as well as the modalities in which they may coexist, being finally analysed the relevant aspects in this matter in the jurisprudence of the Court of Justice of the European Union.

Keywords

• geographical indication
• designation of origin
• european union trademark
• generic mentions
• use in trade
• evocation
• imitation
• usurpation