{"id":1313,"date":"2020-11-24T09:18:29","date_gmt":"2020-11-24T08:18:29","guid":{"rendered":"https:\/\/enricoriolc13.sg-host.com\/oposicio-a-la-creacio-de-la-marca-canoneta\/"},"modified":"2024-01-30T21:21:52","modified_gmt":"2024-01-30T20:21:52","slug":"opposition-to-the-creation-of-the-canoneta-brand","status":"publish","type":"post","link":"https:\/\/varietatslocals.org\/en\/oposicio-a-la-creacio-de-la-marca-canoneta\/","title":{"rendered":"Opposition to the creation of the CANONETA trademark"},"content":{"rendered":"

The existing regulations in relation to brands and varietal denominations expressly prohibits the existence of a varietal denomination and a trademark <\/b>(Law 3\/2000 of January 7). In addition, the registered denomination of a variety becomes its generic designation<\/b>, and this one it cannot be the subject of a brand<\/b>. Even so, yes a trademark is created prior to the registration of the varietal denomination<\/b>, this second already could not be registered.<\/b><\/p>\n

In this sense, from the Association of Local Varieties (AVL) we have learned of the application for the CANONETA trademark<\/b> 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<\/b> of this. You can find the resource here<\/a> which we sent together with the opposition, where you will find more information.<\/p>\n

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<\/b>, since it deprives anyone of using this denomination, which it is the cultural heritage of the entire population.<\/b><\/p>\n

November 24, 2020<\/p>\n