1 Collective Mark consisting only of a Geographical Indication OHIM, Alicante, 11 and 12 June 2009 Ana Cristina Fernandes 4th Liaison Meeting on Trade.

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Presentation transcript:

1 Collective Mark consisting only of a Geographical Indication OHIM, Alicante, 11 and 12 June 2009 Ana Cristina Fernandes 4th Liaison Meeting on Trade Marks

2 Collective Marks – articles 228, 229 e 230 IPC Collective Marks Association or Certification

3 Collective Marks Association Trade Mark - Belongs to a singular or collective association; - Identifies products and/or services related to the purpose of the association

4 Collective Marks Certification Trade Mark - Belongs to a singular or collective association which controls its products or services

5 Geographical Indication – Article 305 IPC Geographical Indication Name of a region, of a specific place, or exceptionally, of a country, which serves to identify a product: From that place; Whose reputation, qualities or other features result from its geographical origin; Whose production or modification take place in that particular geographical area.

6 Collective Mark /Geographical Indication Collective Mark / Geographical Indication Collective MarkGeographical Indication Geographical indication The user’s right covers only the distinctive characteristics of the trademark. Trademark Products from a specific region, produced accordingly to certain regulations.

7 The conflict Geographical Indications Producers believe they have exclusive use over the designation Collective Marks Holders opinion: “First in time, first in right” Collective Mark /Geographical Indication Collective Mark / Geographical Indication

8 - Collective mark consisting of geographic elements YES But… Can it be registered Collective Mark /Geographical Indication Collective Mark / Geographical Indication

9

10 Geographical names Alheira de Mirandela Geographical Names / Paris Convention Guarantee of its quality Geographic origin of a product

11 MCC Classification: 20ª, 24ª, 26ª, 30ª Granted MCC Classification: 30ª Granted Collective Mark /Geographical Indication Collective Mark / Geographical Indication

12 MCC Classification: 20ª Granted MCC Classification: 42ª Refused Collective Mark /Geographical Indication Collective Mark / Geographical Indication

13 MCC Classification: 43ª Refused MCA Classification: 43ª Refused Collective Mark /Geographical Indication Collective Mark / Geographical Indication

14 Collective Mark /Geographical Indication Collective Mark / Geographical Indication MCC Classification: 30ª Granted A.O. 147 Invalid

15 Thank you! OHIM, Alicante, 11 and 12 June 2009 Ana Cristina Fernandes 4th Liaison Meeting on Trade Marks