7-3-4 Case study

The trade mark ‘ARCADIA’ was originally applied for wines, spirits (beverages) and liqueurs in Class 33. The examiner because the trade mark was descriptive of the geographical origin of wines, to the extent that Arcadia is a Greek region known for its wine production (however, it should be that Arcadia is not a protected geographical indication). The applicant to limit the specification of goods to exclude wines made in Greece or, if , to include only wines produced in Italy. The examiner that the proposed limitation would render the trade mark deceptive since it would convey false information as to the origin of the goods. On appeal, the Board the reasoning of the examiner (see decision of 27/03/2000, R 246/1999-1 – ‘ARCADIA’, para. 14).