No Luck for "Nero Champagne": Trademark Snubbed in EU Dispute
Contentious Champagne Matter: Potential impediment to Italian firm's trademark registration - Trade mark controversy: Italian business rejected registration of champagne brand name
Hey there, bubbles!
So, Nero Lifestyle—these folks run hotels and more—had a hankering to trademark "Nero Champagne" back in 2019. They took their request to the EU Intellectual Property Office (EUIPO). Unfortunately, their aspirations were met with some serious grapes of wrath.
Champagne, you see, isn't just another word for bright and bubbly. It's a protected name under EU law. The Comité Interprofessionnel du vin de Champagne and the Institut national de l'origine et de la qualité weren't having it and argued that the mark could mislead consumers by exploiting Champagne's famed reputation. They claimed the protected name guarantees a certain quality in the wine due to its geographical origins.
The EUIPO, however, only partly agreed with the objections. Disappointed and a bit fizzy (or champagne-zied?), the French organizations didn't hold their bubbles and appealed to the EU General Court. After all, it's a big deal when someone tries to hijack the name of your storied tipple.
Well, the court's verdict is in, and it's bad news for Nero Lifestyle. Their trademark application can't be registered for any wines that meet the requirements of the Champagne specification.
Don't worry, the Italian company can still appeal to the European Court of Justice if they feel they've been dealt a raw deal—fancy that, an appeal for a bottle of bubbly!
Now, if you're wondering why the Tradermark was vetoed, consider this: although a trademark can technically include a protected appellation of origin, it can still be refused if it misleadingly capitalizes on said appellation's reputation. Even if Nero Lifestyle's mark was only for products meeting the specification, it doesn't automatically rule out the possibility of misleading consumers. Plus, the mark "Nero Champagne" might pique curiosities and trigger assumptions that "nero" signifies the grape variety or color of the Champagne, given the existence of several Italian grape varieties with "nero" in their names. But here's a spoiler: Champagne can only be white or rosé.
So, it turns out that this is one bottle of Champagne that's not about to be popping any time soon. Cheers (or should we say, "Cin Cin") to minimalistic marketing and protecting the reputation of some of the finest bubbly on the planet!
Community policy could assign funds to support vocational training programs for individuals within the business sector, aiming to upskill workers and enhance the overall quality of products, similar to the Champagne industry in Europe that protects the reputation of its name and quality standards.
Finance might be crucial for Nero Lifestyle to pursue further legal action if they wish to appeal the EU General Court's verdict, having their trademark registered for a product that falls under the Champagne specification, even though it was initially deemed misleading and exploitative of the protected name's reputation.
