Posts Tagged: "PGI"

The CHAMPANILLO Case Suggests We Need a New Way to Assess the Unique Distinctiveness of Collective PDO/PGI Marks

Under European Union (EU) law—specifically, Article 103(2) of Regulation 1308/2013—signs that qualify as protected designations of origin (PDOs) or protected geographical indications (PGIs) are shielded against any direct or indirect commercial use, as well as against any “evocation” of it that is likely to mislead a consumer as to the true origin of the product. This language raises the question of the conditions under which a sign may be said to be “evocative” of a PDO or PGI.