ABSTRACT
While the EUTMR allows the registration of geographic terms as collective marks, the provision per se is not clear in relation to the requirement of distinctiveness of an EU geographical collective mark (EUGCM). The CJEU in its case law established that the distinctiveness of geographical collective marks is considered as weak. The newly enforced EUIPO Guidelines further regards a collective mark which registers a logo contained in the GI product specification as misleading. The interpretation of the CJEU and the practice of EUIPO has been criticised for restricting the effectiveness of Article 74 (2) of EUTMR. Based on an empirical study by investigating the registration situation of geographical collective marks in EU, this paper analyses the legal situation of EUGCMs from three aspects: the essential function, the distinctiveness requirement, and the overlapping protection with Geographical Indications (GIs). Following a comparison study of EUGCMs and GIs protection, it examines the new proposals on GIs and handicraft products and concludes that the legal framework of EUGCMs needs to be redefined to serve as a complementary tool for protecting geographical indications.
Mao, Dan, Geographical Collective Marks in the EU: Should They Be Redefined in the EU Trade Mark Law? Or Should They Be Incorporated into the GIs Regime? (November 30, 2022).
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