Generic Trademark - Protected Designation of Origin

Protected Designation of Origin

Since 2003, the European Union has actively sought to restrict the use of geographical indications by third parties outside the EU by enforcing laws regarding "protected designation of origin". Although a geographical indication for specialty food or drink may be generic, it is not a trademark because it does not serve to identify exclusively a specific commercial enterprise and therefore cannot constitute a genericized trademark.

The extension of protection for geographical indications is somewhat controversial because a geographical indication may have been registered as a trademark elsewhere. For example, if "Parma Ham" were part of a trademark registered in Canada by a Canadian manufacturer, ham manufacturers in Parma, Italy might be unable to use this name in Canada. Wines, such as Bordeaux and Champagne, cheeses such as Roquefort, Parmesan, and Feta, Pisco liquor, and Scotch whisky are examples of geographical indications.

In the 1990s, the Parma consortium successfully sued the Asda supermarket chain to prevent it using the description "Parma ham" on prosciutto produced in Parma but sliced outside the Parma region.

Read more about this topic:  Generic Trademark

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