IPPT20101222, CJEU, Bayerische Brauerbund v Bavaria

Print this page 11-01-2011
IPPT20101222, CJEU, Bayerische Brauerbund v Bavaria

PROTECTED GEOGRAPHICAL INDICATIONS - TRADEMARK LAW

 

Rule applicable to conflict between trademark and Protected Geographical Indication – simplified procedure
• Article 14(1) of Regulation No 2081/92 is applicable for resolving the conflict between a name validly registered as a PGI in accordance with the simplified procedure under Article 17 of that regulation and a trade mark corresponding to one of the situations referred to in Article 13 of that regulation relating to the same type of product, the application for registration of which was submitted both before the registration of that name and before the entry into force of Regulation No 692/2003.
• The date of the entry into force of the registration of that name constitutes the reference date for the purposes of Article 14(1) of Regulation No 2081/92.

 

IPPT20101222, CJEU, Bayerische Brauerbund v Bavaria