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Opposition against trade mark CHAMPAGNE POP
March 21, 2018
Agency TRIA ROBIT successfully represented the interests of the French organization Comité Interprofessionnel du vin de Champagne (CIVC) in a dispute with the US company Becca Inc. in connection with the designation of the international registration mark CHAMPAGNE POP (Reg. No. WO 1 300 722) to the Republic of Latvia.
The opposition was filed on October 27, 2016 and was based on the provisions of Article 9 and Article 41 of the Law "On Trademarks and Geographical Indications" opposing the trademark registration on the basis of the earlier protected designation of origin (geographical indication) "Champagne".
The Industrial Property Board of Appeal (IPBoA) examined the opposition in written proceedings and fully upheld the opposition with its decision of 10 November 2017. In its decision, IPBoA agreed with the opposing party that the PGI/PGO "Champagne" has acquired wide recognition and high reputation in the community, both in the European Union as a whole and in Latvia. Therefore, given that the trademark in question completely includes the well-known protected PGO/PGI, the IPBoA considered the opponent’s arguments it to be reasonable and agreed that the use of the disputed mark entitles its proprietor to get unfair advantage of the reputation of the geographical indication 'Champagne' or to cause damage to it.
The proprietor of the disputed mark has not appealed against the decision of the IPBoA within the deadline set by law and the decision entered into force, consequently, a notification of total refusal of registration of a trade mark No. WO 1 300 722 in Latvia was sent to the World Intellectual Property Organization (WIPO).
The interests of CIVC in this dispute were successfully represented by senior lawyer and trademark attorney of Agency TRIA ROBIT Mr. Bronislavs Baltrumovics.Back