Relationship Between Collective Marks and Geographical Indications

Extract

Relationship Between Collective Marks and Geographical Indications

Trade Mark Act, Sec. 100(1) ‒ Hohenloher Landschwein

Official headnote (translated from the German by David Wright)

Indications of geographical origin as collective marks under the Trade Mark Act are in principle protected independently of the protection of geographical indications and designations of origin under Regulation (EU) No. 1151/2012 on quality schemes for agricultural products and foodstuffs. Accordingly, if an indication of geographical origin registered as a collective mark under German law is not registered under Regulation (EU) No. 1151/2012 and no application for registration has been filed there, the application of Sec. 100(1) Trade Mark Act to determine the limits to the use of the indication by a third party is neither blocked nor restricted by Regulation (EU) No. 1151/2012. Accordingly, the quality function of the trade mark can also be taken into account when weighing whether the use by a third party is in accordance with accepted principles of morality within the meaning of Sec. 100(1) first sentence Trade Mark Act.