IPPT20090908, ECJ, Budvar v Ammersin

08-09-2009 Print this page
IPPT20090908

DESIGNATIONS OF ORIGIN


In order to assess wheter the designation ‘Bud’ can be classified as a simple and indirect indication of geographical provenance the national court must:
• Ascertain whether that designation, even if it is not in itself a geographical name, is at least capable of informing the consumer that the product comes from a particular place or region of that Member State;
• Ascertain whether the designation has not become generic in that Member State

• Decide whether a consumer survey should be commissioned for the purpose of clarifying factual circumstances and perceptions prevailing in the Czech Republic
• Determine whether there are requirements as to the quality and duration of the use made of a desig-nation to be justified in the light of Article 30 EC

 

Regulation No 510/2006 is exhaustive in nature
• The Community system of protection laid down by Regulation No 510/2006 is exhaustive in nature

 

IPPT20090908, ECJ, Budvar v Ammersin