Understanding the Concept of Evocation in Geographical Indications: A Case Study on 'Dutch Genquila' vs 'Tequila'
Atreya Choudhary
5/29/20243 min read
The Board of Appeal's Interpretation of Evocation and Conceptual Proximity
The Board of Appeal's interpretation of evocation in the context of geographical indications (GIs) extends beyond mere phonetic or visual similarities between signs. This broader perspective underscores the significance of conceptual proximity, which hinges on the associations that terms from different languages can evoke in consumers' minds concerning protected GIs. The Board emphasizes that evocation can occur even when no significant phonetic or visual resemblances exist, provided that the conceptual link is sufficiently strong.
In examining the case of 'Dutch Genquila' versus 'Tequila', the Board articulated that the term 'Genquila', despite its phonetic and visual distinctions from 'Tequila', could still evoke the latter in the minds of consumers due to the conceptual linkage. The term 'Genquila' combines 'Gen', reminiscent of the spirit 'Gin', with 'quila', echoing the latter part of 'Tequila'. Although linguistically distinct, this combination can trigger associations with 'Tequila', a protected GI, especially among consumers familiar with the original term.
The Board's criteria for determining evocation involve a multifaceted assessment where conceptual proximity plays a pivotal role. This includes evaluating the overall impression of the term, the context in which it is used, and the likelihood that consumers would make an associative connection to the protected GI. The Board's approach reflects a nuanced understanding that evocation is not solely contingent on direct phonetic or visual similarities but also on the broader conceptual associations that terms might engender.
By emphasizing conceptual proximity, the Board of Appeal aims to ensure robust protection for GIs, recognizing that consumer perceptions and associations are complex and multifaceted. This broader interpretation protects the integrity of GIs against indirect evocation, which can exploit the reputation and recognition of protected terms. The 'Dutch Genquila' versus 'Tequila' case exemplifies the application of these principles, highlighting the importance of considering how terms, irrespective of their immediate visual or phonetic properties, can evoke protected GIs through conceptual associations.
Case Analysis: 'Dutch Genquila' vs 'Tequila' and the Decision to Partially Annul
Upon review, the Board determined that the use of 'quila' in 'Genquila' created a conceptual proximity to 'Tequila'. This proximity was not merely a phonetic similarity but extended to the conceptual realm, where consumers could potentially be misled to associate 'Genquila' with the qualities and reputation of 'Tequila'. The decision underscored that even partial similarities could lead to evocation, which is sufficient to infringe upon the rights of GI holders.
As a result, the Board decided to partially annul the decision and reject the European Union Trade Mark (EUTM) application for 'Dutch Genquila' in relation to certain goods. This nuanced decision reflects the importance of protecting GIs against any form of undue association that may dilute their value. It also highlights the rigorous standards applied in assessing potential infringements, emphasizing the need for careful consideration in the creation of new trademarks.
The implications of this case extend beyond the immediate parties involved. For trademark applicants, it signals a cautionary precedent regarding the use of elements that may evoke established GIs, even indirectly. For GI holders, it reaffirms the robust protection mechanisms available within the EU framework, ensuring that the integrity and reputation of GIs are preserved against encroachments. Moving forward, this case serves as a reference point for how similar disputes might be adjudicated, reinforcing the importance of conceptual and phonetic distinctions in the realm of intellectual property rights.