The 2026 edition of the EUIPO Guidelines for the Examination of EUTMs has entered into force on July the 1st: https://guidelines.euipo.europa.eu/2319054/2445755/trade-mark-guidelines/1-introduction
oriGIn is pleased to note that several of its comments – submitted to the EUIPO over the years in its capacity of IP stakeholder and related to the management of trade mark applications in conflict with GIs – have been incorporated in the 2026 Guidelines (several changes are the result of the Nero Champagne case). In particular:
With respect to Part B, Examination:
- A comprehensive review of the Office’s practice in relation to earlier GIs, particularly in light of the related legislative reforms and the General Court’s judgment of 25/06/2025, T‑239/23, NERO CHAMPAGNE:
- Clarification has been provided on the change of practice – regarding the extended ex officio examination based on Article 7(1)(j) EUTMR, which is no longer limited to identical/comparable goods and related services but may go beyond it. An objection can also be based on the ground of exploitation, weakening, dilution or detriment to the reputation of a GI, if relevant information is available to the Office on its own, or via third party observations.
- The extent to which an EUTM application can overcome an objection by using a restriction where a GI is ‘used’ in an EUTM for identical goods and related services has been explained. Likewise, the fact that overcoming an objection by means of a limitation is a presumption that can be overturned.
- Clarification that a restriction to the relevant GI product will not overcome an objection where the GI is:
- ‘evoked’ in an EUTM for any goods and services; or
- ‘used/evoked’ in an EUTM for processed or manufactured goods where a ‘GI product is an ingredient, part or component’.
- The scope of ‘misleading indication or practice’ under the relevant legislation has been clarified following the Nero Champagne judgment.
- The implementation of Regulation (EU) 2023/2411 for ‘GIs for craft and industrial products’ (CIGIs)
- Regarding the practice on collective EUTMs consisting of a GI product-specific logo (i.e. a logo contained in the product specification as a specific labelling rule for the product concerned), the Office will no longer systematically object on the basis that such marks will be perceived as GIs and not as collective trade marks.
With respect to Part C, Opposition
- Clarifications were introduced on, inter alia, the recognition of existing or established CIGIs as EU GIs. These clarifications explain that there is no transfer of rights as EU GIs constitute new rights with their own priority date, as well as the possibility of extending national protection under Article 70(3) of Regulation (EU) 2023/2411.
- The new case-law judgment of 24/09/2025, T‑406/24, PriSecco / Prosecco, EU:T:2025:893 has been added under paragraph 3.1.2, Evocation, imitation, misuse and misleading indications and practices.
