Strong protection for PDOs the SPTO declares the revocation

of the trademark VARNACIA 1321

The Spanish Patent and Trademark Office has granted an appeal filed against the decision that rejected a request to revoke the trademark VARNACIA 1321 (no. 4170062, class 33), which was registered as a wine under the PDO Vernaccia di Oristano. 

The SPTO has revoked the trademark, finding that it is misleading because the trademark identifies wines not covered by the PDO, this despite the fact that the registration was expressly limited to products under this designation. The discrepancy between what was registered and what is being commercialized has created false expectations in the consumer, which undermines the essential function of the trademark as a guarantee of origin. 

Legal grounds The resolution is based on Article 54.1.c) of the Trademark Law, which establishes the grounds for revocation when a trademark misleads the public about the nature, quality, or geographical origin of the products. 

A clear message from the SPTO The ruling confirms that applicants cannot refer to a Protected Designation of Origin in order to circumvent absolute prohibitions when, in reality, the product does not fall under the PDO. This practice not only compromises the trademark system, but also deteriorates transparency and consumer confidence. 

The resolution sets an important precedent, defending Designations of Origin against  intents to misappropriate trademark registrations that do not reflect the reality of the product. 

Link to the resolution: click here

August 13, 2025