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Italiano Do you know that a trademark cannot be in conflict with traditional specialities guaranteed (TSG)?
In this post we talk about:
Article 7, 1, l) EUTMR provides that the following shall not be registered:
“Trademarks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of traditional specialities guaranteed”.
The above means that the registration of an EUTM application should be refused, or the registration of an EUTM invalidated if there is conflict with a TSG.
What are traditional specialties guaranteed
First of all, it is a recognition given by the European Union and the traditional speciality guaranteed must comply with a product specification.
They are names which describe a specific product or foodstuff that results from a mode of production, processing or composition corresponding to traditional practice for that product or foodstuff or which are produced from raw materials or ingredients that are those traditionally used.
Two examples of traditional specialities guaranteed in which the traditional characteristic of the product is in their production are famous Spanish ham “Jamón Serrano”, produced in accordance with a traditional method of salting and aging and our beloved “pizza napoletana”, only when produced with specific ingredients (among them extra virgin olive oil and peeled tomatoes and/or fresh tomatoes) in accordance with a specific method (among the rules there is that the pizza should be worked only by hand and that it should rest two hours at least).
Speaking of Italy, “mozzarella” has also obtained the recognition of STG: it must be exclusively a fresh pasta pulled-curd cheese, derived exclusively from whole cow’s milk and that respect a specific production process (described in the product specification).
Why are these specialties defined as “traditional”
The answer is that they are products of which it is possible to demonstrate a usage on the domestic market for a period that allows transmission between generations; this period is to be at least 30 years.
What is the difference between TSG, PDO and PGI?
They are signs created by the European Union to promote and protect quality agricultural and foods products.
A PDO (designation of origin) is a name that identifies a product originating in a specific place, region or, in exceptional cases, a country, whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors and the production steps of which all take place in the defined geographical area.
A geographical indication is a name that identifies a product originating in a specifi place, region or country, whose given quality, reputation or other characteristics is essentially attributable to its geographical origin and of which at least one of the production steps takes place in the defined geographical area.
TSG are, as above said, traditional specialties guaranteed.
Italy stands out for the quality of products in the tree categories.
Suggestions
As you can see, it is essential that a trademark is not in conflict non only with identical and/or similar earlier trademarks, but also with a large list of prior distinctive signs, among which the TSG.
There is a list of TSG in the European are which should be consulted before registering your trademark. Once again our suggestion is to conduct in-depth searches before filing your trademark application!
Our firm is available to carry out trademark searches all over the world. Contact us!
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