The European Commission’s Trademark Protection System
The EU regards geographical indications as a separate type of intellectual property right outside of trademarks, and has developed specialized laws to provide specific protection for geographical indications. Registering a geographical indication can confirm that the specific quality, features, or reputation of a particular product primarily comes from its geographical origin.
In addition to the protected geographical indications (PGI) system, the European Union also has protected designs of origin (PDO).
The European Commission is responsible for the unified registration of PGI and PDO, and the registration of PGI/PDO is valid throughout the EU. EU countries are responsible for protecting and enforcing the registration of PGI/PDO in accordance with the law.
Introduction to Trademark Registration by the European Commission
2.1 The Relationship between PGI/PDO and Trademarks
If PGI/PDO is first submitted and registered, then if the use of a trademark may infringe on the registered PGI/PDO, it cannot be registered and used, and the already registered trademark should be considered invalid.
If the use of a certain trademark may infringe on the registration of PGI/PDO, and the trademark has already been registered in good faith in the EU or gained a certain reputation through use before PGI/PDO is submitted for registration, then the trademark can continue to be used.
2.2 Basic situation of EU PGI/PDO
| PGI | PDO | |
| Registration Authority | European Commission | |
| Law enforcement agencies | Government agencies of EU member states | |
| Applicable product types | Wine * | Wine * |
| Aromatic wine * | ╳ | |
| Spirits * | ╳ | |
| Other agricultural products and food * | Other agricultural products and food * | |
| Requirements for Registered Products | 1. The product is produced in a specific place, region, or country; And
2. The quality or other characteristics of the product are mainly attributed to the environment of that specific geographic region; And 3. A certain stage of product production, processing, or preparation occurs in that specific geographical area (other agricultural and food PGI); or The entire production, processing, and preparation stages of the product occur in that specific geographical area (other agricultural and food PDO); or At least 85% of the grapes used in the production of the product come from that specific geographic region, and the entire process of product production occurs in that specific geographic region. The grape variety used in the product belongs to the Vitis vinifera grape variety or a hybrid grape variety with other grape varieties under the Vitis grape genus (grape PGI); or The grapes used in the production of this product are all from that specific geographical region, and the entire process of product production occurs in that specific geographical region. The grape variety used in the product belongs to Vitis vinifera (PDO wine). |
|
| Requirements for Registered Names | A name used to indicate that a product is produced in a specific place, region, or country | |
| Unregisterable name | 1. Common name, which has become the usual name for the product within the European Union;
2. Having homophones with registered PGI/PDO may mislead consumers into thinking that the product comes from another region; 3. Conflict with well-known trademarks may mislead consumers in terms of the true identity of the product; 4. Conflicts with plant or animal variety names and may mislead consumers in terms of product origin (other agricultural products and food PGI/PDO). |
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| Registration Mark | ||
| Conditions for using a registered name | Comply with the corresponding product specifications/technical documents* | Complies with the corresponding product specifications* |
| Protecting Content | 1. It is not allowed to use the reputation of the registered name directly or indirectly for commercial purposes, and its products or ingredients do not comply with the corresponding product specifications;
2. It is not allowed to directly or indirectly commercially use the registered name on comparative products or ingredients that do not comply with the corresponding product specifications; 3. Even if the true source of the product or service is indicated, it is not allowed to use, imitate or associate the registered name with the product or ingredient incorrectly; 4. Translation, transliteration, or phonetic annotation of registered names must be used on products or ingredients; 5. It is not allowed to use registered names with expressions such as “style”, “type”, “method”, “imitation”, “like”, “flavor”, “similar”, “produced”, etc. on products or ingredients; 6. Making false or misleading instructions about the origin, source, nature, and main quality of the product on the inner and outer packaging, promotional materials, documents, or loading containers of the product, or on the description, display, or labeling of the product, resulting in consumers having a wrong understanding of the product’s origin; 7. Other behaviors that may mislead consumers about the true source of the product; 8. The registered name shall not become a common name within the European Union. |
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2.3 remarks
Wine, as defined in Part IV of Annex 2 to Regulation (EU) No 1308/2013, and specific types in Part XII of Annex 1 to Regulation (EU) No 1308/2013.
Aromatic wines, as defined and classified in Article 3 of EU Regulation 251/2014.
Spirits, as defined in Article 2 of Regulation (EC) No 110/2008, with specific types listed in Annex 2 of Regulation (EC) No 110/2008.
Other agricultural products and food are defined in Article 2 of Regulation (EU) No 1151/2012, with specific types listed in Annex 1 of the Treaty on the Functioning of the European Union and Annex 1 of Regulation (EU) No 1151/2012.
Product specification/technical file refers to the regulatory requirements that the corresponding product must comply with. When applying for registration, the applicant must submit the product specification/technical file. The specific requirements of the product specification/technical file are stipulated in Article 94 of EU Regulation 1308/2013, Article 10 of EU Regulation 251/2014, Article 17 of EU Regulation 110/2008, and PGI/PDO for other agricultural and food products (Articles 7 and 19 of EU Regulation 1151/2012).
European Commission Trademark Registration Procedure
There are two main forms for Chinese products to obtain PGI/PDO protection in the European Union: firstly, producers who have already obtained geographical indication protection domestically can directly apply to the European Union for PGI/PDO protection; Secondly, protection can be obtained through bilateral agreements signed between China and the European Union. For example, according to the Memorandum of Understanding between the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China and the General Administration of Trade of the European Commission on Geographical Indications signed between China and the European Union on September 5, 2005, 10 geographical indication products from China have obtained geographical indication or origin name protection in the European Union, namely: Longkou vermicelli, Longjing tea, Guanxi honey pomelo, Lixian hemp yam, Shaanxi apple, Jinxiang garlic, Zhenjiang vinegar, Yancheng lobster, Pinggu peach, and Dongshan white asparagus. On September 14, 2020, China and the European Union officially signed the Agreement on the Protection and Cooperation of Geographical Indications between the Government of the People’s Republic of China and the European Union. On March 1, 2021, the agreement officially came into effect, and 100 geographical indication products from China were simultaneously protected in the European Union.
3.1 Registration Procedure
1. Applicant
Form a manufacturer organization (in any form), reach a consensus on product specifications, and submit an application by the manufacturer organization.
- Application
(1) EU products
Submit the application form and product specifications to the relevant domestic regulatory authorities of each EU country, and after review by the domestic regulatory authorities, submit them to the European Commission for examination.
(2) Non EU products, but already protected in their own country
- Directly submit the application form, product specifications, and proof of geographical indication protection of the product in the country to the European Commission (email: agri-b3@ec.europa.eu ）Or
- Submit the application form, product specifications, and the certificate that the product is protected by geographical indications in the country to the domestic competent authority (the competent authority in China is the China National Intellectual Property Administration), and then transfer it to the European Commission.
- Scrutiny
The European Commission is responsible for reviewing registration applications for compliance with EU regulations, and has set review deadlines for spirits and other food and product products, which are 12 months and 6 months respectively.
- Publication
If the European Commission finds that the application meets the requirements after examination, the registration application and some product specifications will be publicly published in the Official Journal of the European Union. Those deemed non compliant will be rejected.
- Objection
(1) Wine
Within 2 months after public disclosure, any interested party may raise objections. If an objection is raised, the European Commission shall make a decision based on the information it possesses. EU producers raise objections to their domestic regulatory authorities, while non EU producers directly raise objections to the European Commission (email: agri-b3@ec.europa.eu ）Or transfer the objection through its domestic competent authority (China is the China National Intellectual Property Administration).
(2) Aromatic wine
Any interested party may raise objections within 2 months after the public announcement. If an objection is raised, the European Commission shall make a decision based on the information it possesses.
Objections must be approved agri-b3@ec.europa.eu Directly raise an objection to the European Commission, and non EU producers directly raise an objection to the European Commission or transmit an objection to the European Commission through their domestic competent authorities (China is the China National Intellectual Property Administration).
(3) Strong liquor
Within 6 months after public disclosure, any interested party may raise objections. If an objection is raised, the European Commission shall make a decision based on the materials and other information submitted by both parties.
Objections must be approved agri-b3@ec.europa.eu Direct to the European Commission. Non EU producers can directly raise objections to the European Commission, or they can transfer objections to the European Commission through their domestic competent authorities (China is the China National Intellectual Property Administration).
(4) Other agricultural products and food
Within three months of public disclosure, any interested party may raise objections to the European Commission. If an objection is raised, the applicant and the opposing party shall negotiate. If negotiation fails, the European Commission shall make a decision. If the European Commission considers it to be non compliant, it will be rejected.
EU producers raise objections to their domestic regulatory authorities, while non EU producers directly raise objections to the European Commission (email: agri-b3@ec.europa.eu ）Or transfer the objection through its domestic competent authority (China is the China National Intellectual Property Administration).
６．register
After the objection period, if no objections are raised or both parties reach an agreement or the European Commission decides that the registration conditions are met, the registration will be granted.
- Revocation
If compliance with product specifications cannot be guaranteed, the European Commission may revoke PGI/PDO registration on its own initiative or upon application by any interested party.
For other agricultural and food products, if there are no registered traditional specialty guaranteed (TSG) products in the market, or if there are no registered PGI/PDO products in the market for at least 7 consecutive years, the European Commission may also revoke PGI/PDO registration on its own initiative or upon the application of any interested party.