Emmentaler loses fight for EU trademark
The German public sees it as a type of cheese
25 May 2023
1 minute read
By: Emmentaler cheese cannot be trademarked in the European Union as the German public sees it as a type of cheese rather than by its geographical origin, Reuters reported, citing Europe's second-top court on Wednesday.
The yellow Swiss cheese recognisable by its large holes is the second most-produced and exported hard cheese in Switzerland.
Emmentaler Switzerland, which has registered the word EMMENTALER with the World Intellectual property Organisation (WIPO), took its fight to the General Court after the European Union Intellectual Property Office (EUIPO), turned down its application to register the WIPO recognition.
The Luxembourg-based Court backed the EU patent office.
"Since the mark applied for is descriptive of a type of cheese for the relevant German public and is not perceived as an indication of the geographical origin of that cheese, the General Court concludes that it does not enjoy protection as a collective mark," the Court said.
Emmentaler Switzerland can appeal on points of law to the Court of Justice of the European Union.
