Berenguer

The Court of Justice of the European Union (hereafter, CJEU), in the Judgement of 20 December 2017, C-393/16, has responded to several very interesting questions about the use of a PDO in products which are not products protected under said PDO but do contain protected product as an ingredient. In particular, the case concerned a […]

The General Court of the EU has issued a Judgement which upholds the application filed by Berenguer & Pomares and overturns the resolution ruled by the Board of Appeal of the EUIPO granting the registration of the EU trade mark “Queso y Torta de la Serena” to the Regulatory Council of the PDO “Queso de

The General Court confirms that the protection of PDO/PGI against registration of conflicting trademarks goes beyond products of the same type. Subsequent to the recent Decision issued by the OHIM’s Opposition Division, dated February 2, 2015, that rejected registration of the trademark “COLUMBUENO” with regard to “services for providing food and drink” in Class 43,

The OHIM’s Opposition Division has refused the registration of the Community Trade Mark application “COLOMBUENO” covering ‘services for providing food and drink’ in class 43 due to the conflict with the PGI “Café de Colombia”, as it was alleged by the opponent, the Federación Nacional de Cafeteros de Colombia, represented by the law firm Berenguer & Pomares

In the frame of the European Union (EU) – Association of Southeast Asian Nations (ASEAN) Project on the Protection of Intellectual Property Rights (ECAP III), our partner Aitor Pomares has been hired as a GI expert in order to advice the Ministry of Commerce of Cambodia and the Kampot Pepper Promotion Association to protect and

The Community Trade Mark Appeal Court, in Judgment nº 419/13 of 31 October 2013, assessed the existence of an infringement of the Protected Designation of Origin “Queso Tetilla” by the unauthorized commercialization of cheeses reproducing the peculiar form of a female breast that gives name to this Designation of Origin. Already in the first instance

On October 31, 2013, the registration of the Geographical Indication “Pisco” has been published in the Official Journal of the European Union [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:289:0048:0048:En:PDF]. This fruit spirit, traditionally produced in Peru, from the fermentation and distillation of grapes, is the first Geographical Indication of spirit drinks of a third country registered in the Eurpean Union In

Designations of Origin and Geographical Indications enjoy unquestionable reputation and selling power. As in any other reputed signs or trademarks, these quality distinctions are often damaged by counterfeiting, with dire consequences for the operators which are members of the Designation of Origin or Geographical Indication and for the Regulatory Boards themselves (the bodies managing these