24hoursworld

EU court: “Emmentaler” cannot be protected as an EU trademark

EU court: “Emmentaler” cannot be protected as an EU trademark

The Emmental is in Switzerland, known for its cheese. However, according to the EU court, the “Emmentaler” does not necessarily have to come from Switzerland.

According to a ruling by the EU court, “Emmental” cheese does not necessarily have to come from Switzerland. The EU court dismissed a corresponding lawsuit by the Swiss industry organization Emmentaler Switzerland on Wednesday in Luxembourg. They wanted the name “Emmentaler” to be protected as a trademark in the EU.

With the lawsuit, the association wanted to ensure that only Swiss Emmentaler may be labeled in this way. In the case of a cheese that does not come from Switzerland, the region of origin would have to be named, for example Allgäuer Emmental. For this, the organization sued the European Union Intellectual Property Office (EUIPO).

The Luxembourg judges now rejected that. Emmental describes a type of cheese “for the relevant German public” and not the geographical origin. Therefore, the term cannot be protected as a trademark.

The judgment can still be appealed to before the highest European court, the ECJ.

Source: Stern

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest Posts