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Apart from and geographical indications, indications of geographical origin are excluded from registration as trademarks, that is, those that identify a product as originating in a territory, when a certain quality, reputation or other characteristic of the product is attributable mainly to its geographical origin (SWITZERLAND for financial services, GENEVA for watches)

The registration of geographical names as trademarks is prohibited not only when the name designates the origin of the category of products but also when said geographical name is either famous or known for the category of products in question and, therefore, is favorably associated with said products or services in the mind of the target group of people.

European trademarks are subject to rigorous scrutiny for these types of prohibitions. Thus, the MUNICH brand was rejected for products in classes 11 (machinery) and 12 (vehicles) as it was considered that consumers would associate it with good quality, since the term MUNICH refers to the capital of Bavaria, the third largest city in the region. largest economy in the European Union (Germany), a city known long before the application for the registration of the trademark applied for was filed, for its history, its geographical location, its industry and its economic importance.

In more recreational sectors we find rejections such as the NASSAU BEACH CLUB trademark (entertainment services, class 41), which will be linked to the capital of the BAHAMAS and, therefore, to a positive image of relaxation, recreation, vacations, etc.

Apart from more or less obvious cases, an exhaustive examination must always be carried out to prevent surprises that link the geographical name with lesser-known territories. In one of these cases, the registration of CASABLANCA for class 33 (wines) was denied. According to the Bilateral Agreement between the European Union and Chile, CASABLANCA is a protected Chilean designation of origin for wines, a circumstance that led to its rejection. CASABLANCA was not considered as a neologism, but rather as a region of Chile and, therefore, descriptive of the geographical origin of the products.

Our previous legal analysis prevent that the good reputation of the products, linked to a geographical origin, would lead to refusal of your trademark applications.

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