'Evocation' of a name is not allowed, even in absence of any likelihood of confusion

For the concept ‘evocation’ in Article 16(b) regulation ‘Protection geographical indications’ it is required to refer to the perception of the average consumer who is reasonably well informed and reasonably observant

"28 .In the light of the foregoing considerations, the answer to the first question is that Article 16(b) of Regulation No 110/2008 must be interpreted as meaning that, in order to assess whether there is an ‘evocation’ within the meaning of that provision, the national court is required to refer to the perception of the average consumer who is reasonably well informed and reasonably observant and circumspect, that concept being understood as covering European consumers and not only consumers of the Member State in which the product giving rise to the evocation of the protected geographical indication is manufactured."

For a judgment to whether there is an ‘evocation’ the referring court must take into consideration the phonetic and visual relationship between those names and any evidence that may show that such a relation is not fortuitous

"48. In the light of the foregoing considerations, the answer to the second question is that Article 16(b) of Regulation No 110/2008 must be interpreted as meaning that, in order to assess whether the name ‘Verlados’ constitutes an ‘evocation’ within the meaning of that provision of the protected geographical indication ‘Calvados’ with respect to similar products, the referring court must take into consideration the phonetic and visual relationship between those names and any evidence that may show that such a relationship is not fortuitous, so as to ascertain whether, when the average European consumer, reasonably well informed and reasonably observant and circumspect, is confronted with the name of a product, the image triggered in his mind is that of the product whose geographical indication is protected."

Even in the absence of any likelihood of confusion, ‘evocation’ of a name referred to in Annex III to regulation ‘Protection geographical indications’ is not allowed

"52. In light of the foregoing considerations, the answer to the third question is that Article 16(b) of Regulation No 110/2008 must be interpreted as meaning that the use of a name classified as an ‘evocation’ within the meaning of that provision of a geographical indication referred to in Annex III to that regulation may not be authorised, even in the absence of any likelihood of confusion."

IPPT20160121, CJEU, Viinaverla Oy
 

C-75/15 - ECLI:EU:C:2016:35