EU court deals blow to Swiss firm in Emmentaler cheese dispute
25-May-2023
- Luxembourg
In a brand dispute concerning Emmentaler cheese, the EU General Court ruled on Wednesday that the term "Emmentaler" cannot be protected as a European Union trade mark for cheeses.
The EU's second highest court found against a complaint of the Swiss industry organization Emmentaler Switzerland, according to a statement.
Emmentaler Switzerland wanted to secure protected status for its cheese in the EU so that only Swiss Emmentaler may use the term.
Should a cheese product not originate from Switzerland, then the region of origin should be named, for example Alläuer Emmental, the industry body argued.
To secure this status, Emmentaler Switerland took legal action against the EU Intellectual Property Office (EUIPO).
The Luxembourg-based court said that Emmentaler describes a type of cheese as understood by the public and not the geographical origin and therefore cannot be protected as a trademark.
The bloc's highest court, the European Court of Justice (ECJ), can still hear the appeal. (dpa)
The EU's second highest court found against a complaint of the Swiss industry organization Emmentaler Switzerland, according to a statement.
Emmentaler Switzerland wanted to secure protected status for its cheese in the EU so that only Swiss Emmentaler may use the term.
Should a cheese product not originate from Switzerland, then the region of origin should be named, for example Alläuer Emmental, the industry body argued.
To secure this status, Emmentaler Switerland took legal action against the EU Intellectual Property Office (EUIPO).
The Luxembourg-based court said that Emmentaler describes a type of cheese as understood by the public and not the geographical origin and therefore cannot be protected as a trademark.
The bloc's highest court, the European Court of Justice (ECJ), can still hear the appeal. (dpa)
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