Use of protected designations of origin and protection of competitors

Question for written answer  E-001105/2021
to the Commission
Rule 138
Andrey Slabakov (ECR), Angel Dzhambazki (ECR)

In a question dated 29 October 2020, the MEPs Paolo De Castro and Simona Bonafè asked the Commission about the company Domaine Boyar’s approved trade mark ‘Bolgaré’. They asserted that the trade mark phonetically resembles two protected designation of origin Italian trade mark wines: Bolgheri DOС and Bolgheri Sassicaia DOC. What is more, the MEPs claimed that, through its name and content, Domaine Boyar’s wine sought to take advantage of the reputation of the two existing Italian trade mark wines.

The European Union Intellectual Property Office has already adopted a reasoned decision approving the trade mark ‘Bolgaré’.

The consortium that owns the Bolgheri DOC and Bolgheri Sassicaia DOC trade marks had the opportunity to oppose that name during the trade mark approval process, and availed itself of that opportunity.

There is no evidence that the trade mark ‘Bolgaré’ sought to imitate, both given the Bulgarian origins of the trade mark ‘Bolgaré’ and the historical root of the word.

• 1.Does the Commission consider it correct for a protected designation of origin to be used as a means of exerting pressure on competitors?
• 2.Does it plan to reconsider the decision adopted by the Intellectual Property Office, despite the legitimacy of that decision?