A registered name may be evoked through the use of figurative signs. The use of figurative signs evoking the geographical area with which a designation of origin is associated may constitute evocation of that designation, including where such figurative signs are used by a producer established in that region, but whose products, similar or comparable to those protected by the designation of origin, are not covered by it. Whether there is an evocation of a registered name should be determined relying on the presumed reaction of consumers, and it must be assessed whether the link between the disputed elements and the registered name is sufficiently clear and direct. The concept of “the average consumer who is resonably observant and circumspect” must be understood as covering European consumers including consumers of the Member State in which the product giving rise to evocation of the protected name is made or with which that name is geographically associated and in which the product is mainly consumed.
Geographical Indications: 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. 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. 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.
IPPT20140508, CJEU, Salame Felino
Council Regulation on the protection of geographical indications and designations of agricultural products and foodstuffs does not preclude additional national protection regulations, if these regulations do not undermine the objectives pursued by the principles of Regulation No 2081/92 and the principle of free movement of goods.
IPPT20140508, CJEU, Assica
Council Regulation on the protection of geographical indications and designations of agricultural products and foodstuffs: does not preclude additional national protection regulations, if these regulations do not undermine the objectives pursued by the principles of Regulation No 2081/92 and the principle of free movement of goods
IPPT20140213, CJEU, Hungary v European Commission
Actionable measures: any measures adopted by the institutions of the European Union which are intended to have binding legal effects, are actionable measures (article 263 TFEU). Automatic registration: automatic registration by European Commission of already protected wine names in E-Bacchusdatabase does not establish binding legal effects and thus is not subject to appeal.