Essential function of an EU collective mark: distinguishing the goods or services of the members of the association which is the proprietor of the trademark from those of other undertakings, and not to distinguish those goods according tot heir geographical origin. Where signs are, on the one hand, collective marks and, on the other hand, individual marks, the possibility that the public might believe that the goods and services covered by the signs at issue have the same geographical origin cannot constitute a relevant criterion for establishing their identity or similarity.
Appeals against the judgements of Court of Justice EU of 2 October 2015, where the appeal of The Tea Board based on an EU collective wordmark and EU collective figurative mark against the registration of several Darjeeling-trademarks for, among others, women's lingerie mainly was rejected. The appeals are rejected.
The Court of Justice EU helds that the General Court did not err in law when it held that the essential function of an EU collective mark is to distinguish the goods or services of the members of the association which is the poprietor of the trade mark from those of other undertakings, and not to distinguish those goods according to their geographical origin. It follows that the General Court likewise did not err in law when it held, where signs are on the one hand, collective marks and, on the other hand, individual marks, the possibility that the public might believe that the goods and services covered by the signs at issue have the same geographical origin cannot constitute a relevant criterion for establishing their identity or similarity. Also the remaining appeals are rejected.
IPPT20170920, CJEU, The Tea Board v EUIPO
C-673/15 P to C-676/15 P - ECLI:EU:C:2017:702
