The GC confirms that a PDO is protected even against
different products.
The General Court has ruled in favor of the Protected Designation of Origin (PDO) “Prosecco” affirming its protection against the trademark “PriSecco”
The case arose after the EUIPO invalidated the “PriSecco” mark for non-alcoholic beverages, citing that it improperly evoked the PDO. The applicant appealed, claiming the names were different, the goods were not covered by the PDO, and no consumer confusion would be generated.
The Court, however, rejected these arguments. It held that the visual and phonetic similarity between “PriSecco” and “Prosecco” was sufficient to create a direct mental association for the average consumer, constituting an unlawful evocation. This was true even though the product was non-alcoholic.
This decision highlights the wide-ranging protection of PDOs in the EU. It sends a clear message to brand owners: even for dissimilar products, a trademark can infringe a geographical indication if it evokes the protected name.
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