ARTICLE
14 April 2025

The Distinctiveness Of Geographical Terms Under EU Trademark Law

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Inventa

Contributor

Inventa is a leading Intellectual Property Law Firm, specialized in the protection and internationalization of trademarks, patents, industrial designs, copyright and domain names. With over 50 years of experience in Portugal, the European Union and all the African jurisdictions, Inventa has served thousands of clients holding large trademark and patent portfolios, and other entities dealing with R&D daily.

Our headquarters are based in Lisbon, Portugal, and we also have offices in Angola, Mozambique, Democratic Republic of Congo, Nigeria, Cape Verde, Sao Tome, East Timor and Macao. Inventa also holds a large network of representatives all across the African region, including representation before the ARIPO and OAPI regional organizations, committed to delivering global coverage with local experience.

Geographical terms in trademarks present a complex challenge under EU law, as they can be understood both as indicators of geographical origin and as distinctive trademark elements.
Portugal Intellectual Property

Geographical terms in trademarks present a complex challenge under EU law, as they can be understood both as indicators of geographical origin and as distinctive trademark elements. However, the European Union Trade Mark Regulation (EUTMR) sets strict criteria for their registration, particularly when they lack distinctiveness due to descriptiveness.

João Pereira Cabral explores the legal framework for geographical trademarks, the EUIPO's eligibility tests, and key factors in their registration. Understanding these rules helps businesses protect their brand identity in the EU.

Read the full article pulished on IP Stars.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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