The existing regulations in relation to brands and varietal denominations expressly prohibits the existence of a varietal denomination and a trademark (Law 3/2000 of January 7). In addition, the registered denomination of a variety becomes its generic designation, and this one it cannot be the subject of a brand. Even so, yes a trademark is created prior to the registration of the varietal denomination, this second already could not be registered.
In this sense, from the Association of Local Varieties (AVL) we have learned of the application for the CANONETA trademark before the Intellectual Property Office of the European Union (EUIPO), and therefore, as an entity that oversees the conservation and protection of local varieties, we have opposed creation of this. You can find the resource here which we sent together with the opposition, where you will find more information.
Despite the applicable legislation, from the AVL we also do not believe that it is logical to register a trademark with the same name as that of an existing local variety, even if this is not registered as a varietal denomination. It should not be possible to name a brand after a local variety, since it deprives anyone of using this denomination, which it is the cultural heritage of the entire population.
November 24, 2020
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