The Fracas over 'Nero Champagne': European Court Dismisses Italian Firm's Trademark Registration
Trademark Controversy: Italianbusiness faces difficulty in registering Champagne brand name - Conflict regarding champagne trademark: Italian business declines registration request
Here's the skinny: Nero Lifestyle, a multifaceted company, was all set to register "Nero Champagne" as a trademark at the European Union Intellectual Property Office (EUIPO) back in 2019. But things didn't go as planned. The Comité Interprofessionnel du vin de Champagne and the Institut national de l'origine et de la qualité raised a ruckus, asserting that the mark would exploit the renown of Champagne, an appellation of origin that grants certain specifications and quality to punters based on its geographical origin.
The EUIPO only partially nixed the opposition, leading the French associations to hit up the EU General Court. In an ruling that's caused quite a stir, the court popped the champagne cork on Nero Lifestyle's hopes, slapping them with a denial for the registration of "Nero Champagne" in relation to "wines meeting the specifications of Champagne."
In essence, it's possible for a trademark to boast a protected appellation of origin, the court opined. However, the registration can be skunked if it exploits the rep of said appellation. Although it's assumed that a mark jotted down exclusively for items adhering to the specifications wouldn't be guilty, this assumption can be flipped. The EUIPO's Board of Appeal, it seems, went and made a boo-boo.
The court also sounded the alarm on the mark's name. You see, "nero," Italian for "black," might have consumers thinking it's about the grape variety or the shade of the Champagne. But here's the kicker: Champagne ain't got no black varietals. Only white or rosé, mate!
Nero Lifestyle still retains the right to take their case to the European Court of Justice. Be prepared for a heated rematch!
P.S. Some extra intel for the wine enthusiasts out there: The “Champagne” appellation has been protected since 1973. It's no secret that the Comité interprofessionnel du vin de Champagne and the Institut national de l'origine et de la qualité fiercely guard its reputation and maintain the integrity of the region's wine-making history under EU law[1][2][4]. But don't worry, your favorite bubbly is still safe from impostors!
[1] https://ejiltalk.org/eu-general-court-upholds-euipo-decision-not-to-register-nero-champagne-as-an-eu-trade-mark/[2] https://www.insight-information.com/en/news/en-cours-controverse-la-marque-nero-champagne/[4] https://eur-lex.europa.eu/legal-content/FRA/TXT/?uri=CELEX%3A62011J0256
- Understanding the outcome, Nero Lifestyle might consider revising their community policy to include provisions for vocational training in business and finance, as they prepare for a legal battle to defend their trademark at the European Court of Justice.
- The incident of "Nero Champagne" highlights the importance of maintaining the quality and reputation of specific appellations of origin, such as Champagne, which have been protected under EU law for decades, ensuring the integrity of their wine-making history and preserving consumer trust in the industry.
