Trademark application consisting of protected geographical indication and protected designation of. Industrial Property Office of the Slovak Republic

Transcription

1 Trademark application consisting of protected geographical indication and protected designation of origin Industrial Property Office of the Slovak Republic Alicante, May 2009

2 Trademark exclusive right A trademark is any sign capable of distinguishing goods or services of one person from the goods and services of other person. Owner has exclusive e right

3 Designation of origin - - non exclusive right The specific characteristic for the designation of origin and geographical indication is the fact that it is not an exclusive right. Any subject that fulfils the legal requirements for the holder of the appellation of origin can become a user even of a registered appellation of origin.

4 Examination of the trademark application consisting of protected geographical indication and protected designation of origin. Examination of the trademark application is made by the Industrial Property Office of the Slovak Republic (hereinafter referred to as "the Office") in accordance with the Act No. 55/1997 Coll. on Trademarks as amended by some acts at present and its implementing regulation Decree No. 117/1997 Coll.,

5 System of protection in Slovakia National - Act No. 469/2003 Coll. on designations of origin for products and geographical indications for products and on amendment of some acts protection for all products with the exception of agricultural products and foodstuffs (Korytnica mineral water; Piešťanské bahno mud for medical purpose;...) International - Lisbon Agreement for the Protection of Appellations of origin and their International Registration protection for all products (Limbašský sylván wines; Slovenský slad malt; )

6 System of protection in Slovakia Bilateral treaties concluded between the the ČSSR and Switzerland (Baldovská minerálna voda mineral water; Bošácka slivovica spirit;...) the ČSSR and Portugal (Liptovská minerálna voda SALVATOR - mineral water; Modranská keramika pottery;... ) Community - legislation of the European Union protection for agricultural products and foodstuffs, possibility of protection for spirit drinks and wine ( Slovenská bryndza cheese; Slovenská parenica cheese;...)

7 Community Regulations Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs REGULATION (EC) No 110/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89

8 Applied signs consisting of: protected geographical indication and protected designation of origin for agricultural products and foodstuffs refusal of a trademark application ex-officio in accordance with the Article 14 of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs Article 14: Relations between trademarks, designations of origin and geographical indications 1. Where a designation of origin or a geographical indication is registered under this Regulation, the application for registration of a trademark corresponding to one of the situations referred to in Article 13 and relating to the same class of product shall be refused if the application for registration of the trademark is submitted after the date of submission of the registration application to the Commission. Article 13: Protection 1.Registered names shall be protected against: (b) any misuse, imitation or evocation, even if the true origin of the product is indicated or if the protected name is translated or accompanied by an expression such as style, type, method, as produced in, imitation or similar;

9 Application of trademark POZ Sign applied for: Class 29 - cheese REFUSED Applied signs consisting of term cheese of Ementaler type Allgauer Emmentaler protected designation of origin for cheese Emmental de Savoie, Emmental francais est-central protected geographical indications for cheese - Registered names shall be protected against any imitation or evocation - The protected name is translated or accompanied by an expression such as style, type... t /Article 13 Council Regulation (EC) No 510/2006 /

10 Applied signs consisting of: protected geographical indication of spirit drinks registered in Annex III of REGULATION (EC) No 110/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks refusal of a trademark application ex-officio in accordance with the Article 16(b) of REGULATION (EC) No 110/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the definition, description, presentation, labelling and the protection of geographical indications i of spirit i drinks Article 16(b): Protection of geographical indications Without prejudice to Article 10, the geographical indications registered in Annex III shall be protected against: (b) any misuse, imitation i i or evocation, even if the true origin i of the product is indicated or the geographical indication is used in translation or accompanied by an expression such as like, type, style, made, flavour or any other similar term;

11 Application of trademark POZ Sign applied for : Class 32 spirits Spišská borovička REFUSED Spišská borovička is a protected geographical indication of spirit drinks registered in Annex III of the REGULATION (EC) No 110/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

12 Application of trademark POZ Sign applied for : Class 32 spirits REFUSED Spišská borovička is a protected geographical indication of spirit drinks registered in Annex III of the REGULATION (EC) No 110/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

13 Procedure of trademark application consisting of protected geographical indication and protected designation of origin with the earlier priority right Application procedure in accordance with the Act No. 55/1997 Coll. on Trademarks as amended by some acts at present and its implementing regulation Decree No. 117/1997 Coll., I. Formal examination II. Substantive examination: Refusal of a trademark application ex-officio in accordance with the Article 2(1)(b)(f)(j) of the Act No. 55/1997 Coll. on Trademarks In accordance with the Article 2(1) of this Act the following shall not be recognised as a trademark: b) sign which has no distinctive capacity, f) sign which is of such a nature as to deceive the public, particularly with regard to the nature, quality or geographical origin of the goods or services, j) sign applied for wines or spirits containing a geographical indication identifying wines or spirits with respect to such wines or spirits not having that origin,

14 Application of trademark POZ Sign applied for : Class 33 wines Limbašský sylván REFUSED in accordance with the Article 2(1)(b) Protected designation of origin LIMBAŠSKÝ SYLVÁN Earlier priority Protected for wines

15 Procedure of trademark application consisting of protected geographical indication and protected designation of origin with the earlier priority right III. Oppositions procedure: Rf Refusal of a trademark application i on the basis of fh the submitted oppositions related to the existence of an identical or confusingly similar subject matter to another industrial property right with the earlier priority right in accordance with the Article 4(1)(h) of the Act No. 55/1997 Coll. on Trademarks In accordance with the Article 4(1)(h) of this Act the following shall not be recognised as a trademark where the Industrial Property Office of the Slovak Republic, on the grounds of oppositions filed pursuant to Article 9, ascertains that it is identical with or confusingly similar to the subject matter of other industrial property right with the earlier priority right,

16 Application of trademark POZ Sign applied for : Class 32 mineral water REFUSED in accordance with the Article 4(1)(h) Protected designation of origin FATRA Earlier priority Protected for mineral water

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