"CHAMPAGNE” versus “CHAMPRICE”: “enhanced” PDO protection
On 17 December 2024, the Opposition Division of the EUIPO issued a decision in the PDO protection landscape, upholding opposition no. B 3207890 filed by the Comité Interprofessionnel du Vin De Champagne (CIVC) against the registration of trademark application no. 018918364 “CHAMPRICE” for “Services for providing food and drink” and “Serving food and drinks” in Class 43 of the Nice Classification.
The opposition was based on the PDO “CHAMPAGNE’” in light of Article 8(6) RMUE and in conjunction with Article 103(2)(b) of EU Regulation no 1308/2013 which was in force at the time the trademark application was filed (now amended by EU Regulation no 1143/2024).
In addition to the above legislation, which governed the protection of PDOs in the wine sector against any evocation, usurpation or improper commercial use, the Division referred to various case law precedents, including the “Champanillo” case (CJEU Case C-783/19), which further reinforced the principle that the protection of PDOs also extends to services related to products covered by the PDO.
In the present case, the CIVC had contested the registration of “CHAMPRICE” on the basis of three main arguments:
the evocation of the PDO “CHAMPAGNE”, given the phonetic and visual similarity between “CHAMPAGNE” and “CHAMPRICE”, with the identical reproduction of the first five letters and a similar phonetic structure;
the undue advantage deriving from the exploitation of the particular notoriety of the PDO, synonymous with luxury, exclusivity and quality;
the message conveyed concerning the pairing of Champagne with other food products, in this case rice, resulting from the combination of the terms used and such as to make clear the complementarity between the disputed services and the product protected by the PDO.
The Opposition Division upheld the CIVC's findings and refused registration of trademark application no. 018918364 “CHAMPRICE”, finding that there was a direct link in the mind of the consumer with the PDO “CHAMPAGNE”, particularly because:
the aim of the relevant legislation is “to offer consumers a guarantee of quality due to geographical origin … and to avoid misuse by third parties seeking to benefit from the reputation of quality”;
“it is a well-known fact that the opponent’s wine may be offered through the provision of food and drink covered by the contested mark” and “[t]here is also a clear market trend of which consumers are aware, according to which wine producers offer hospitality services related to the provision of food and drink”.
The EUIPO therefore reaffirmed the principle of extended protection of PDOs against the use of evocative signs even for services related to the protected product, confirming enhanced protection against any attempt to create commercial associations with a renowned PDO.