GEOGRAPHICAL INDICATIONS | The EU General Court on the infringement of the PDO Porto

On 25 February 2025, the EU General Court issues its decision in case T-23/24 concerning an opposition to a trademark registration filed by Instituto dos Vinhos do Douro e do Porto IP (IVDP), the producer group in charge for the administration of the famous protected designation origin (PDO) for wine ‘Porto’. Notably, IVDP argued that the registration of the word sign ‘Quevedo Port’ for olive oil would amount to a direct or indirect use of the PDO Porto exploiting its reputation as well as to an evocation of the said PDO, thus in violation of Article 103 of Regulation (EU) 1308/2013, which inter alia provides the legislative framework for geographical indications for wines. In dismissing the appeal and confirming the findings of the first two instances (i.e. the EUIPO and the EUIPO Board of Appeal), the General Court confirmed that since the sign ‘Quevedo Port’ displayed only an average similarity to the PDO Porto, no use of the latter exists, in accordance with CJEU case law (see for instance the famous decision rendered in the Scotch Whisky case). The General Court also found that the registration of the opposed sign would not lead to an exploitation of reputation of the PDO Porto Furthermore, since olive oils and fortified wines are different products, the registration of the sign ‘Quevedo Port’ would not amount to an evocation, since the average European consumer, when presented with this sign would not make a mental association with the PDO Porto.

Newsletter n. 105 – March 2025