EUIPO Agrees “Emmental” is Generic; Denies Trademark Request
November 26th, 2019
The European Intellectual Property Office (EUIPO) has denied a request from Emmentaler Switzerland to trademark the term “emmental” or “emmentaler” (in German) aligning with CCFN’s objections to the application. The Swiss group filed its initial request in December 2017 for protected designation of origin status for emmental/ emmentaler. CCFN filed a submission registering opposition to restricting the name and insisting on the need to preserve the generic status of the term, which is also a standard under the international Codex Alimentarius.
Last fall the European Commission noted that it was “confident that the EUIPO in assessing the application in question, will fully take into account the fact that the term in the EU is considered to be generic and is contained in a number of EU geographical indications protected as compound names (e.g. ‘Emmental de Savoie’, ‘Allgäuer Emmentaler’).”