Opposing third parties' applications for geographical indications under Regulation 510/2006

Abstract

Ortrun Günzel is an attorney-at-law with Hoffmann Eitle, where she specialises in German, European and international trade mark, design, domain name and unfair competition law. EU Regulation 510/2006 provides for a high level of protection of names of geographical indications and designations of origin. Once a name is registered as a geographical indication or designation of origin, not only is it protected against the use of identical or confusingly similar product names, it is also protected against any generic use and against use of names which evoke associations with the registered name even without giving rise to a risk of confusion. Thus, a geographical indication or designation of origin registered under EU Regulation 510/2006 can be a powerful means in establishing and defending a competitive position. It is therefore essential to be able to combat the unjustified monopolization of names and the advantages in competition arising from unlawful registration of a designation as a geographical indication or designation of origin, for example, in cases where the name is in fact a generic term. Applications for registration as a geographical indication or designation of origin are often vehemently opposed, in particular by competitors, but also by other EU member states.