The European Union Intellectual Property Office (EUIPO) has recently issued a significant ruling in the case of Vinartis, providing crucial clarification on the use of company names and their role in proving trade mark use.
The Board of Appeal (BoA) confirmed that genuine use of the word mark ‘VINARTIS’ has not been proven for any of the goods for which it is registered, including non-alcoholic drinks and wines in Classes 32 and 33. The BoA concluded that there is no direct evidence showing whether the contested mark was affixed to the goods in question.
Although some label designs for wine bottles submitted by the European Union Trade Mark (EUTM) proprietor include a reference to ‘GRUPO BODEGAS VINARTIS, A.S.,’ this text is printed in a small font size and in a secondary position, primarily indicating the EUTM proprietor as the bottler rather than distinguishing the wines. The BoA noted that this company name is not used to indicate the origin of the goods but to identify the company responsible for bottling the product, which is a compulsory detail for wines marketed in the EU. This reference is common across all wines and does not imply use of the company name as a trade mark in the course of trade.
The ruling underscores that simply using a company name does not automatically constitute trade mark use. Businesses must provide clear and substantive evidence of genuine trade mark use to maintain and enforce their intellectual property rights effectively.
For more insights and details on this ruling click here.
