Japon

Royaume-Uni

Marques de fabrique ou de commerce; Indications géographiques

5. It seems that the Trade Marks Act 1994 has no provisions on refusal or invalidation of the registration of a trademark for wines which contains or consists of a geographical indication identifying wines or a trademark for spirits which contains or consists of a geographical indication identifying spirits with respect to such wines or spirits not having this origin. Please explain how the geographical indications for the wines and spirits originating from other WTO Members are protected by the Trade Marks Act 1994 and also whether such protection is consistent with Articles 3 and 23.2 of the TRIPS Agreement.

Section 3(3)(b) of the Trade Marks Act 1994 provides that an application to register a trademark in the United Kingdom shall be refused on absolute grounds if it is of such a nature as to deceive the public as to the geographical origin of the goods. In practice, this means that applications for trademarks which contain or consist of geographical indications with respect to wines or spirits not having such an origin are refused because they could deceive the public as to the geographical origin of the wines and/or spirits. In such cases, there is no need to consider whether there has been, or would be, actual deception. Geographical indications for wines and spirits originating anywhere in the world are thus protected in the United Kingdom by the Trade Marks Act 1994, and the United Kingdom believes that its laws fully comply with the requirements of Article 23.2 of the TRIPS Agreement.