CJEU clarifies when a luxury mark incorporating a place name does not constitute an indication of geographical origin

Abstract

Juan Moreno Marin et al v Abadia Retuerta SA (La Milla de Oro), C-139/16, Court of Justice of the European Union, EU:C:2017:518, 6 July 2017 The Court of Justice of the European Union (CJEU) has ruled that the sign ‘la Milla de Oro’, which refers to high-quality products found in strong concentration in a certain place, is not an indication of geographical origin that, according to Article 3(1)(c) of the Trade Mark Directive 2008/95, constitutes an absolute ground for invalidity. For there be an indication of geographical origin, this sign must be accompanied by of a geographical name indicating the actual place where the products covered by the registered sign are located.