ABSTRACT
Since its first legal act, the European Union’s (EU) acquis on trade mark includes the notion of geographical collective marks (GCMs). Incorporated upon Spain’s initiative, GCMs are a special category within collective marks as, by way of derogation, they are allowed to be geographically descriptive. As a result of this special treatment, GCMs are used by producers’ associations to protect traditional regional products, in complement of the existing EU geographical indications (GIs) framework or as a transitionary way of securing collective rights on the way to a GI registration. Yet, recent jurisprudence of the Court of Justice of the European Union (CJEU) in Halloumi significantly reduced the scope of protection of GCMs. Against the background of the CJEU’s approach in Halloumi and a parallel German litigation over ‘Hohenloher Landschwein’ and ‘Hohenloher Weiderind’ GCMs, this chapter discusses whether GCMs still have a role to play in the EU and, if so, which legal approaches shall be taken by the EU legislator and judiciary.
Kyrylenko, Anastasiia and Zafrilla Díaz-Marta, Vicente, Geographical Collective Marks after Halloumi: Quo Vadis? (December 18, 2023) in The Future of Geographical Indications (Andrea Zappalaglio and Enrico Bonadio eds), Edward Elgar Publishing Ltd, Forthcoming.
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