Introduction
The Patent and Market Court (PMC) recently decided that the trademark GLENETT could be registered, even though it included the element glen , which – according to the Scotch Whisky Association – was closely associated with the registered geographical indication (GI) Scotch Whisky. The Scotch Whisky Association had asserted that the trademark GLENETT would evoke an association between any products bearing the trademark and the GI in the minds of the relevant public and would thus result in a false perception as to such products origin. By applying the ECJ s decision in
Glen Buchenbach (C-44/17), the PMC dismissed the opposition.
Facts
The Swedish Trademarks Office granted protection to the trademark GLENETT in relation to various types of alcoholic beverage. The Scotch Whisky Association filed an opposition, claiming that the trademark evoked the geographical origin of Scotch Whisky and that its use would give consumers a false perception as to the products or