CHAMPAGNOLA – Another win for Protected Designation of Origin against evocation with respect to non-comparable goods and services

On 17 April, the Board of Appeal of the European Intellectual Property Office (EUIPO) issued an important decision clarifying the extent of evocation in relation to a Protected Designation of Origin (PDO). In this decision, the Board of Appeal upheld the Comité Champagne initial opposition and stated that the contested EUTM application CHAMPAGNOLA must be rejected for all the goods and services in Classes 30 and 40, because the sign represents an evocation of the PDO Champagne. The Board of Appeal points out that a PDO’s evocation may be characterized by similar trademark for similar or different products and services.

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