Official Journal of the European Union

C 269/8

(Joined Case C-4/10 and C-27/10) (<span class="super">1</span>)

(Regulation (EC) No 110/2008 - Geographical indications of spirit drinks - Temporal application - Trade mark incorporating a geographical indication - Use leading to a situation which may adversely affect the geographical indication - Refusal of registration or invalidation of such a mark - Direct applicability of a regulation)

2011/C 269/13

Language of the case: Finnish

Referring court

Parties to the main proceedings

Proceedings brought by: Bureau national interprofessionnel du Cognac

Intervening party: Gust. Ranin Oy

Re:

Reference for a preliminary ruling — Korkein hallinto-oikeus — Interpretation of First Council Directive 89/104 of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1988 L 40, p. 1) and Articles 16 and 23 of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ 2008 L 39, p. 16) — Relationship between the trade marks and the protected geographical indications — Registration of a figurative mark incorporating inter alia the geographical indication ‘Cognac’ for spirit drinks not fulfilling the conditions for use of that geographical indication.

Operative part of the judgment

1.Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 is applicable to the assessment of the validity of the registration of a trade mark containing a geographical indication protected by that regulation, where registration took place before the regulation entered into force;

2.Articles 23 and 16 of Regulation No 110/2008 must be interpreted as meaning that:

—the competent national authorities must, on the basis of Article 23(1) of Regulation No 110/2008, refuse or invalidate the registration of a mark which contains a protected geographical indication and which is not covered by the temporary derogation provided for in Article 23(2) of that regulation, where the use of that mark would lead to one of the situations referred to in Article 16 thereof;

—a situation such as that referred to in the second question referred for a preliminary ruling — that is to say, the registration of a mark containing a geographical indication, or a term corresponding to that indication and its translation, in respect of spirit drinks which do not meet the specifications set for that indication — falls within the situations referred to in Article 16(a) and (b) of Regulation No 110/2008, without prejudice to the possible application of other rules laid down in Article 16.

Language of the case: Finnish

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ECLI:EU:C:2011:140

2011/C 269/13