Estados Unidos de América

Francia

Indicaciones geográficas

9. Please explain whether trademarks existing prior to the entry into force of the WTO Agreement are protected against appropriation from actions incident to recognition of a geographical indication. If not, please explain how this practice is consistent with TRIPS Article 24.5.

The relationship between trademarks and geographical indications is governed by both Community provisions and French provisions, namely under Articles 14.2 and 14.3 of Council Regulation 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs , and Article L 115-5, paragraph 4, of Law 93-949 of 26 July 1993 on the Consumer Code. These provisions establish, in particular, that the use of a trademark registered in good faith before the date of filing of the application for registration of a geographical indication may continue notwithstanding the registration of the geographical indication, where the trademark is not liable to nullity or forfeiture owing to a risk of misleading the consumer.