Land of Argentina
GATTI representing INV prevent that an importer of Canada register trademark “Land of Argentina” for wines.
The defense to the Office of intellectual property of Canada, was based on arguments that arise, first, of the trademark Act of that country, which establishes the prohibition of the use of geographical commercial designations, and also in International Treaties for the protection of Industrial Property and the agreement on Intellectual Property rights related with the trade (TRIPS) of the world’s Trade Organization (WTO) why Canada should respect our country’s name and deny the registration of the mark.
The Embassy of Argentina in Canada put in knowledge of the INV National Institute of viticulture that Trademark Register in that country had published the request for registration of the mark “Land of ARGENTINA” by a wine importing firm. Immediately the investor through the GATTI firm acted to present opposition to registration in the corresponding legal terms.
The company argued that it was intended to use the mark to identify wines of Argentine origin, which were bottled and packaged in the north country.
The opposition was based on the conviction that the use of the trademark “Land of ARGENTINA” by an importer damage the national wine sector interests and also contradict national laws and international treaties.
For the sake of the preservation of the name Argentina, whose reputation as a wine-producing country is recognized worldwide, professionals of the investor and the Argentina Ministry of Foreign Affairs recommended authorities initiate the appropriate legal action to prevent the country’s name was registered as a brand abroad and prepared all the supporting documentation.
GATTI jointly with partners in Canada, have recognized expertise in the subject “trademarks” and in their antecedents its included having filed opposition also in Canada, for the registration of a mark that included the name Chile by the same firm.
The Argentine claim:
The defense to the Office of intellectual property of Canada, was based on arguments that first emerged from the trademark law of that country, which establishes the prohibition of the use of geographical commercial names, as for example in the case exposed.
In addition, as a signatory to international treaties, as the Paris Convention for the protection of Industrial property signed by Canada in 1925 and by the agreement on intellectual property rights related with the trade (TRIPS) of the world’s Trade Organization (WTO), which is a member, Canada should respect the country’s name and refuse the registration of the mark which included it.
In particular, within our legislation, the law on trademarks and designations No. 22.362, establishes that it can´t be designated as trademark appellations of origin, national or foreign, understanding by them the name of a country or a region. The letters, words, names, symbols, use or might use the nation are not recordable.
From the importer in Canada, it was argued that to call the wine with that name was not violating any legislation considering that 75% of the product was of Argentine origin. In this sense they proposed to the investor, the possibility of changing the brand above by “Wines of Argentina”, refusal was again outright. The question was not whether the wine was or not in full Argentine, the opposition lay in the use of the designation “Argentina” to play the role of mark or part of the brand name of a product in another country.
The process lasted nearly a year and a half and ended when the importer, decided to abandon the registration of the mark “Land of Argentina”.
- To see the resolution of the Canadian trademark office: click to search
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