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- The term “Emmentaler” cannot be protected as a Union trademark for cheese.
- This was decided by the Court of Justice of the European Union (EuG) in Luxembourg.
- The background to this is a lawsuit brought by the Swiss industry organization Emmentaler Switzerland against the EU Intellectual Property Office (EUIPO).
Is Emmental a way of making cheese, or is Emmental the cheese that comes from Emmental? The Swiss industry organization tried in vain at the EUIPO to register Emmental as a cheese that is geographically linked to Emmental. The EUIPO thinks that Emmental is a way of making cheese – which would also be possible in Camembert, for example.
That is why the Swiss industry organization in Luxembourg sued against the refusal of the EUIPO. Now the judges have ruled that the Office’s decision should not be overturned. The court says: In the EU, consumers perceive Emmentaler as a type of cheese – and not as an indication of geographical origin. Therefore the term cannot be protected.
However, the verdict can still be extended.
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