INTA Files Amicus Brief Relating to Geographical Indications Filed for as Collective Mark Applications

New York, New York—November 14, 2025—The International Trademark Association (INTA) has filed an amicus brief (third-party observation) with the European Union Intellectual Property Office (EUIPO) enlarged Board of Appeal (Grand Board) in relation to the referral of the First Board of Appeal regarding a July 7, 2025, interim decision in the case R 1946/2024-1, Salva Cremasco.

The case relates to the registrability of a logo being subject to the use requirements of the geographical name Salva Cremasco, which is registered by the European Commission as a Protected Designation of Origin (PDO). The EUIPO in the first instance rejected the application according to Article 76(2) EU Trade Mark Regulation (EUTMR) mainly with the argument that the logo as a collective mark would mislead the public. Namely, it found that since outsiders who are not members of the producers’ association that owns the registration for Salva Cremasco as a PDO are also allowed by law to use the geographical name if the use is in line with the product specification, any such use would not be consistent with the nature of a collective mark, which is to guarantee the collective commercial origin of the products from the producers’ association.

INTA takes the following position:

The European Union legal system allows geographical names to be registered as Protected Geographical Indications (PGIs) or as PDOs by the EU Commission, and, parallelly, also as EU collective marks by the EUIPO. Both legal systems provide for producers’ groups to apply for the respective protection, but also allow outsiders who are not members of the respective producer groups to nevertheless use the geographical name if the product and the use of the geographical name are in line with the product specification of the geographical indication (GI), and in line with honest practices. The EUIPO has consequently allowed GIs, which are registered by the European Commission as PGIs or PDOs, to be registered parallelly as EU word collective marks. Some examples are Aceto Balsamico di Modena, Dresdner Christstollen, Halloumi, Madeira, Prosciutto di Parma, Turron de Alicante, and Vino Nobile di Montepulciano.

The EU legislator has explicitly provided in Article 74(2)(2) EUTMR that outsiders that are not members of the producers’ association that own the collective mark may use the GI in accordance with honest practices. In particular, if the outsider is entitled to use the geographical name, then the EU legislator, facing a conflict between indications of geographical and commercial origin, has explicitly accepted an exception to the principle of collective marks functioning as indications of commercial origin in order to resolve this conflict.

Consequently, the ground for refusal in Article 76(2) EUTMR, when it comes to collective marks with GIs and names, as invoked by the contested decision, cannot apply, because it would be contrary to the aim of the EU legislator to allow GIs to be registered by producer groups as collective marks. The EU legislator did not want to urge or require all producers or other participants in commerce who are entitled to use the GI to also become a member of the producers’ group.

Article 74(2)(1) and (2) EUTMR applies to all signs within the meaning of Article 4 EUTMR, and thus both to words and to logos, with no differentiation between them; as such no different standards can apply.

Consequently, the EUIPO must treat GIs that are  words in the same way as it treats GIs that  are connected to logos, and cannot reject the application for the collective trademark at issue with the argument that it would have a potentially misleading character within the meaning of Article 76(2) EUTMR, because it could be taken as not fulfilling its essential function to indicate the membership in an association.

Finally, the principles of equal treatment and sound administration require that the EUIPO treat applications for GIs as EU collective marks in the same way, whether the geographical name is applied for as a word collective mark, or as a logo collective mark.

About the International Trademark Association:
The International Trademark Association (INTA) is a global association of brand owners and professionals dedicated to supporting trademarks and complementary intellectual property (IP) to foster consumer trust, economic growth, and innovation, and committed to building a better society through brands. Members include more than 6,600 organizations, representing more than 38,000 individuals (trademark owners, professionals, and academics) from 182 countries, who benefit from the Association’s global trademark resources, policy development, education and training, and international network. Founded in 1878, INTA is headquartered in New York City, with offices in Beijing, Brussels, Dubai, Santiago, Singapore, and the Washington, D.C., Metro Area, and representatives in Nairobi and New Delhi. For more information, visit inta.org.

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Media Contact:
Jean-Claude Darné
Managing Director, Marketing and Communications
212-642-1774
[email protected]