Union européenne
Marques de fabrique ou de commerce
20. Please explain which legal criteria determine whether the use of a certain geographical indication for wine, which, although literally true as to the territory, region or locality in which the wine is made, falsely represents to the public that the goods originate in another territory (Article 22.4 of the TRIPS Agreement).
The applicable legal criterion stems from Article 3(d) of the Trademark Law, which prohibits the registration of trademarks that are liable to mislead the public as to the nature, properties, merit, quality, manufacturing methods, purpose, origin, price or other characteristics of the goods or services that they are intended to distinguish. Other applicable provisions include: - Chapter V (Scope and Obligations) of Law No. 25.163 on Wines and Spirits, relating to the protection of indications of source, geographical indications and registered appellations of origin; - Article 1135 of the Argentine Food Code, which prohibits appellations of origin using names other than the true places of production of distilled spirits or liqueurs; - Article 4 on information to consumers and Article 7, inter alia, of Law No. 24.240 on Consumer Protection; - Article 5, inter alia, of Law No. 22.802 on Fair Trade; - Article 10 bis of the Paris Convention (Law No. 17.011) and Article 1, inter alia, of Law No. 25.156 on Competition.