DEVIN, the Name of a Bulgarian Town, Can Be Registered As an EU Trade Mark for Mineral Water
General Court of the European Union PRESS RELEASE No 162/18 Luxembourg, 25 October 2018 Judgment in Case T-122/17 Press and Information Devin v EUIPO DEVIN, the name of a Bulgarian town, can be registered as an EU trade mark for mineral water The geographical name remains available to third parties not only for descriptive use, such as the promotion of tourism in that town, but also as a distinctive sign in cases of ‘due cause’ and where there is no likelihood of confusion On 21 January 2011, the company Devin AD, obtained from the European Union Intellectual Property Office (EUIPO) registration of the EU word mark DEVIN for non-alcoholic drinks. In July 2014, Haskovo Chamber of Commerce and Industry (Bulgaria), filed an application with EUIPO for a declaration of invalidity of the contested mark. By a decision of 29 January 2016, EUIPO, in essence, found that the town of Devin in Bulgaria was known to the general public in Bulgaria and a significant proportion of consumers in neighbouring countries such as Greece and Romania, especially as a renowned spa town, and that the name of that town was linked by the relevant public with the designated goods covered by the contested mark, especially mineral waters. EUIPO therefore declared the mark invalid in its entirety. Devin AD brought an action before the General Court seeking annulment of the decision of EUIPO. By today’s judgment, the General Court annuls the decision of EUIPO. The General Court notes first that, for the Bulgarian consumer, even if he recognises the word ‘devin’ as a geographical name, it seems extremely implausible that the trade mark DEVIN has not acquired, at least in Bulgaria, a normal distinctive character, without there being any need to rule on its reputation.
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