CABINET CHAILLOT

Logo BADTORO rejected as EU trademark because of Protected Designation of Origin TORO

EU trademark BADTORO with logo of an angry bull was filed in 2018 to designate "alcoholic beverages (except beers and wine); cocktails; aperitifs; vermouth; Sangría".

Opposition was based on Protected Designation of Origin (PDO) and trademarks Toro for wine. Opposition was first rejected.

In Appeal, the Board recalls that, in view of regulation in force at the application date of BADTORO, the name of a #PDO is protected against any direct or indirect commercial use in respect of products not covered by the registration,
1/ where those products are comparable to the products registered under that name
 or
2/ where the use of the name exploits the reputation of the protected name, including when those products are used as ingredients.

1/ According to the Board, at least a significant proportion of the EU public, which understand English basic word BAD and is aware of the existence of the TORO PDO for a Spanish wine, will perceive in the word BADTORO direct use of TORO. The figurative element of the bull refers to Spain and will not invalidate this understanding.
Tthe goods "alcoholic beverages (except beers and wine), cocktails; aperitifs; vermouth; Sangria" are comparable to wine.
Therefore, the sign BADTORO is a use of the TORO Protected Designation of Origin for comparable goods and the application must be rejected.

2/ The Board continues with point 2 which does not require the products to be comparable, but that the PDO has a reputation.
The opponent has shown that PDO TORO has an reputation for wines.
According to the Board, direct use of the PDO by the applicant in the contested goods takes advantage of the prestige of the reputation of the PDO, since the goods in question will not be at the quality of the wines protected by the PDO TORO.

Application BADTORO is therefore rejected.

Decision R 1280/2023-1 of 28/08/2024 of the Board of Appeal of EUIPO

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