IPPT20090702, CJEU, Bavaria cs v Bayerische Brauerbund

01-08-2009 Print this page
IPPT20090702

PROTECTED GEOGRAPHICAL INDICATION - TRADEMARK LAW

 

Geographical Indications Regulation 1347/2001 valid
• Consideration of the first question asked by the referring court has not disclosed any factor liable to affect the validity of Council Regulation (EC) No 1347/2001 of 28 June 2001 supplementing the Annex to Commission Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92.

 

No adverse affect Geographical Indications Regulation 1347/2001 on pre-existing Bavaria trademarks
• Regulation No 1347/2001 must be interpreted as having no adverse effects on the validity and the possibility of using, in one of the situations referred to in Article 13 of Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, pre-existing trade marks of third parties in which the word ‘Bavaria’ appears and which were registered in good faith before the date on which the application for registration of the protected geographical indication ‘Bayerisches Bier’ was lodged, provided that those marks are not affected by the grounds for invalidity or revocation as provided for by Article 3(1)(c) and (g) and Article 12(2)(b) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks.

 

IPPT20090702, CJEU, Bavaria cs v Bayerische Brauerbund