Croatia's accession to the EU and the fact that existing registrations cannot be invalidated because a mark is descriptive in Croatian (see previous post here), led to the curious case of CTM
Croatia's accession to the EU and the fact that existing registrations cannot be invalidated because a mark is descriptive in Croatian (see previous post here), led to the curious case of CTM registration No. 3807252 for the following mark covering "Alcoholic beverages (except beers), wine":
Prošek is a sweet dessert wine, traditionally from the southern area of Dalmatia, which many Croatians will have used to toast their membership of the EU.
The owner of CTM registration No. 3807252, a company based in neighbouring Slovenia, has theoretically been granted enforceable rights against any Croatian producers who would wish to sell Prošek throughout the EU.
The plot thickens further when one considers press reports that the EU Commission may prevent the sale of the dessert wine in the EU (including Croatia) in any event.
The Commission has expressed its concern about the possibility of consumers being misled by "a product with the name reminiscent of a product that has already been protected on the European market, such as Italian sparkling wine prosecco", which would seem at odds with the rights conferred by the registration above.
So, whereas the registration cannot be invalidated on the basis that the subject mark is descriptive and non-distinctive for wine in the Croatian language, the EU Commission could technically seek to invalidate this anomaly on the basis that the subject mark can deceive the public as to the geographical origin of the goods protected.
This blogger will follow the matter with interest.
Prošek is a sweet dessert wine, traditionally from the southern area of Dalmatia, which many Croatians will have used to toast their membership of the EU.
The owner of CTM registration No. 3807252, a company based in neighbouring Slovenia, has theoretically been granted enforceable rights against any Croatian producers who would wish to sell Prošek throughout the EU.
The plot thickens further when one considers press reports that the EU Commission may prevent the sale of the dessert wine in the EU (including Croatia) in any event.
The Commission has expressed its concern about the possibility of consumers being misled by "a product with the name reminiscent of a product that has already been protected on the European market, such as Italian sparkling wine prosecco", which would seem at odds with the rights conferred by the registration above.
So, whereas the registration cannot be invalidated on the basis that the subject mark is descriptive and non-distinctive for wine in the Croatian language, the EU Commission could technically seek to invalidate this anomaly on the basis that the subject mark can deceive the public as to the geographical origin of the goods protected.
This blogger will follow the matter with interest.