The Court upheld the objection based on Articles 102 and 103(2) of Regulation 1308/13, prohibiting, amongst others, the commercial use of the protected name “in so far as such use exploits the reputation” of the PDO; and any “false or misleading indication” as to the origin, nature or essential qualities of the product.

The EUIPO found that a trademark application for the sign ‘DUTCH GENQUILA’ should be rejected for all alcoholic beverages including wines as it evoked the PGI ‘TEQUILA’