Union européenne
Marques de fabrique ou de commerce
Follow-up question: Article 24.6 of the TRIPS Agreement states that generic names shall be appraised in relation to the "common language (…) for such goods or services in the territory of that Member". The plain meaning of Article 32.2 of Law No. 25.163 seems to indicate that the "generic" character needs to be assessed vis-à-vis the "country of origin". Yet, the answer to question 18 refers to an evaluation of such "generic" character to be made with respect to a "limited territory". Please clarify whether the "country of origin" of Article 32.2 of Law No. 25.163 refers to the country where the goods originate, the country where the GI was first protected or simply Argentina. Please clarify whether the "limited territory" to which you referred in your answer to question 18 implies that the "generic character" can be recognized in only part of Argentina and yet apply to (i) all, or (ii) part, of the country.
Article 32(a) of Law No. 25.163 is the implementing provision for the exception under Article 24.6 of the TRIPS Agreement. The Article provides that generic names shall not be registerable as indications of source, geographical indications or registered appellations of origin when they constitute the common name of a good identified with that name by the general public in Argentina.