ARGENTINA: PATAGONIA Geographical Indication Confirmed

The Instituto Nacional de Vitivinicultura (INV), the government agency that regulates Argentina’s wine industry, confirmed the validity of the PATAGONIA geographical indication (GI) through Resolution 1/2022 on February 1, 2022.

The resolution was issued after the Cámara Bodegas Exportadoras de la Patagonia Argentina (the Chamber of Exporting Wineries of Argentine Patagonia) filed a petition to address a conflict between the PATAGONIA GI and a trademark, which was registered by an individual for Class 33 products. The trademark was registered for PATAGONIA, first under No. 1,358,961 and later renewed under No. 2,681,434.

The INV first acknowledged PATAGONIA as a GI in 2002 (Resolution C.37/2002), but wine producers of that geographical area could not use it because of the existing trademark registration. In 2009, the INV declared that PATAGONIA ARGENTINA was synonymous with PATAGONIA and only the former name would be authorized as a GI while the trademark registration for PATAGONIA was in force (Resolution C.10/2009).

However, in 2014, the Federal Court of General Roca ruled that the existing trademark PATAGONIA was null and void for misleading consumers (in re Establecimiento Humberto Canale SA v. Munetta, Patricio, Docket No. FGR 11000577/1999).

Therefore, considering that the trademark registration was no longer an obstacle for the GI, the INV confirmed that PATAGONIA is officially protected as a GI, and can be identified by either PATAGONIA or PATAGONIA ARGENTINA.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest. Law & Practice updates are published without comment from INTA except where it has taken an official position.

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