ECJJudgmentonProtectionofPGIandPDOusingtheExample"QuesoManchego"

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May 20, 2019 - Foods

ECJJudgmentonProtectionofPGIandPDOusingtheExample"QuesoManchego"

The ECJ ruled on 02.05.2019 that the use of images or certain terms can already constitute a reference to a registered designation such as PDO (Protected Designation of Origin) or PGI (Protected Geographical Indication) if they are capable of creating an immediate mental association with the protected product.

In the specific case, the depictions of the literary figure "Don Quijote de la Mancha" or a gaunt horse, as well as the term "Quesos Rocinante," were considered unlawful references to the Spanish cheese "Queso Manchego" (PDO) by the ECJ.

For local producers of unregistered products, it is therefore virtually impossible to indicate the origin of their products if these originate from the same region and resemble the protected product.

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Source: www.kwg.eu; https://curia.europa.eu (extended search à "Manchego")