PDO Prosecco Gains Partial Win – Tidman in CITMA Review

PDO

In March’s CITMA Review, Oliver Tidman maps out the arguments surrounding a prominent Protected Designation of Origin (PDO) in an opposition by Consorzio di Tutela della Denominazione di Origine Controllata Prosecco, the organisation in charge of the PDO Prosecco (O/691/19).

Les Grands Chais de France requested protection in the UK for the international registration (IR) for a figurative mark containing the word ‘Nosecco’ covering non-alcoholic wines and non-alcoholic sparkling wines.

The Opponent partially succeeded based on grounds the IR was unlawful and deceptive.

PDO – key points

  • A figurative mark containing elements of a PDO can be found to be contrary to law
  • Join at least one trade member to opposition proceedings if claiming passing off as a trade association
  • There should be a real, as opposed to purely theoretical, risk of public deception

Read the full analysis on the CITMA website.

For advice on objecting to a trademark application, please contact us.

Tidman Legal is an Intellectual Property Law Firm based in Edinburgh, specialising in helping startups and small businesses.