07/02/2024-Member’s Voice (3): A bitter Irish butter, by Mr. Stefano de Bosio, Partner, de Bosio & Vecchione

On March 2 2020 , the EUIPO Grand Board of Appeal issued a landmark decision in the matter of misleading trademarks, those that suggest a geographical origin which is not true, and which deceives consumers.

The concerned trademark “La Irlandesa” for a non-Irish butter, whereas Irish butter possesses reputation.  

The issue is the following: do trademark offices have a duty to verify whether there is likelihood of deception on a case-by-case basis, before granting registration?

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