Update on CCFN Trademark Project

CCFN continues to pursue the registration of multiple trademark logos in several key markets around the world. These trademarks will be used to proactively establish the rights of common name users to retain generic cheese names and are to be used by members and other interested companies once approved in a market. Through the third quarter of 2022 several trademarks were approved for use in markets around the world. Thirteen trademarks have been approved across five markets. Those collaborating with CCFN on the use of these marks, should reach out to CCFN staff for more information.

CCFN Shines Spotlight on Need to Retain Level Playing Field Online

The protection of GIs in internet domain names is an emerging issue where CCFN is working to preserve the rights of common name users. Currently, the EU is attempting to expand their monopolization campaign to online domains. CCFN seized upon the opportunity to describe this issue and the problems it creates for food producers around the world in an article with the World Trademark Review, a widely read global publication on trademark and related issues. Another area of CCFN concern is the EU proposal to expand protections to GIs used in ingredients of a dish. While this is a complex issue, the crux of the concern turns on the territoriality and the scope of protection offered – issues that are far from resolved. CCFN also used the article to raise broader concerns with the EU’s GI campaign in bilateral trade agreements.

Strengthening Common Names Support in the Americas

Latin America faces a growing set of common food name challenges, driven by the EU’s monopolization campaign executed through local trade agreements. To address this, CCFN’s Executive Director traveled to Argentina and Uruguay in July and convened a meeting with key Mexican allies in August to foster greater collaboration in support of a level playing field. During these meetings, CCFN staff urged local allies to push back against the geographical indications advocated by the Europeans that harm CCFN member’s export opportunities.

EU Proposal on GIs and Sustainability (G/TBT/N/EU/895)

eu flagThe European Commission published a proposal to revise geographical indications (GIs) legislation that provides producer groups with the opportunity to voluntarily include sustainability criteria going beyond the requirements for GI product specifications under EU law. The text also states that the Commission may adopt secondary legislation to define sustainability standards in different sectors.

While CCFN welcomes initiatives to improve sustainability, we believe that policy instruments of a horizontal nature are best suited to pursue that objective. In addition, the introduction of sustainability criteria for GIs will likely lead to new common name restrictions imposed on producers outside the EU. CCFN submitted comments in August providing the common name users’ perspective and calling for the right to use common names to be respected in the development of the final version of the law.

The notification can be accessed here.

Driving Policy Through INTA Involvement

conference callCCFN continues in its work steering the International Trademark Association (INTA), the world’s leading voice on trademark topics. Subcommittee meetings continued in the third quarter with CCFN serving as a vocal participant in the GI Committee meeting, the Expansion & Monitoring Subcommittee and the Governance Subcommittee.

Most notably, under the Expansion and Monitoring Subcommittee, CCFN has taken the lead on the task of “Review of Geographical Indications Regimes in Free Trade Agreements” cross-checking the list INTA developed with the list of Free Trade Agreements in force in the WTO. From there, CCFN identified those FTAs with GI provisions with the aim of reviewing all the GI provisions in active FTAs. This process is being conducted under INTA’s board resolution on GIs in order to identify conflicts and also to press for harmonization in those FTAs – policies that will favor CCFN members.

U.S. Trade Representative Remarks on EU GI Abuses in Special 301 Report

ARLINGTON, VA — The Consortium for Common Food Names (CCFN), U.S. Dairy Export Council (USDEC) and National Milk Producers Federation (NMPF) today welcomed the U.S. Trade Representative’s prioritization in this year’s Special 301 Report of the importance of preserving U.S. food and beverage producers’ market access rights in the face of persistent efforts by the European Union (EU) to misuse geographical indications (GIs) and create non-tariff barriers to trade in markets around the world. The report follows detailed comments on the global scale of various common name threats submitted in January by CCFN and supported by USDEC and NMPF.

This annual report outlines global challenges on intellectual property issues and describes in detail the European Union’s (EU) campaign to eliminate competition by restricting the use of common food and beverage terms, such as “parmesan,” “bologna” and “chateau.” The EU’s strategy, active in numerous countries around the world, erects unfair barriers to trade that negatively impact non-EU exporters relying on common food names, as illustrated by USTR’s report which noted, “As part of its trade agreement negotiations, the EU pressures trading partners to prevent any producer, except from those in certain EU regions, from using certain product names, such as fontina, gorgonzola, parmesan, asiago, or feta. This is despite the fact that these terms are the common names for products produced in countries around the world.”

“We whole-heartedly agree with USTR about the harm imposed by the EU’s deliberate restriction of generic food and beverage terms in markets around the world,” said Jaime Castaneda, executive director of CCFN. “USTR’s Special 301 report should serve as a foundation upon which the administration can build a more proactive and focused global campaign of its own to counteract the EU’s long running efforts. U.S. farmers and food producers, and others around the world, deserve the chance to compete fairly in export markets.”

“The U.S. government has accurately diagnosed the EU’s deliberate global strategy of cloaking nontariff trade barriers as ‘GIs’ so that it doesn’t have to compete head-to-head in common product categories with U.S. food producers,” said Jim Mulhern, president and CEO of NMPF. “By deploying all of the tools at its disposal, including use of existing U.S. FTAs, the upcoming IPEF talks and TIFAs, the administration can take strong action to establish concrete market access protections with our trading partners around the world. The time for this is now and we stand ready to support those proactive efforts on behalf of American farmers.”

“Because we export the equivalent of 17% of U.S. milk production, trade barriers like bans on the use of common cheese names have profound consequences for the entire American dairy industry, from the many small and medium-sized family-owned companies to farmer-owned cooperatives and the workers employed there,” said Krysta Harden, president and CEO of USDEC. “U.S. dairy farmers and cheesemakers only want a fair shot at sharing their high-quality, sustainably produced products with consumers around the globe. By doubling down on combating global restrictions on the sale of common name products, USTR can defend opportunities for American-made products internationally and the jobs they support here at home.”

CONTACTS:  
Tony Rice, CCFN: (703) 469-2375
Mark O’Keefe, USDEC: (703) 528-4812
Theresa Sweeney-Murphy, NMPF: (559) 553-5895