The European Union Intellectual Property Office (EUIPO), where EU trademarks can be registered, regularly publishes decisions on its website under the section “eSearch Case Law.” Here, we present a decision by the EUIPO that highlights two instructive principles: the trademark “ALBA RANCH” was refused registration *ex officio* on April 9, 2025.

The grounds for refusal were twofold:

1. Protected Geographical Indication

First, the trademark contains a protected designation of origin (Article 7(1)(j) EUTMR). Therefore, the trademark had to be refused for registration for the good “wine.” “Alba” is a protected geographical indication for wine from Italy. Such a conflict constitutes an absolute ground for refusal, which the EUIPO examines *ex officio*, even without third-party objections. The Office had proposed limiting the goods to “Alba (Geographical Indication) Wine.” This would have been a consistent and acceptable usage of the trademark. Of course, in that case, the trademark could only be used for wine that meets the relevant origin criteria. However, this was apparently not the intention of the applicant – the application was abandoned.

2. Lack of Representation in the EU

The applicant from the United States also failed to appoint a representative admitted before the EUIPO. This is required when individuals or companies located outside the European Union wish to file an EU trademark application. This, too, is an issue the Office examines *ex officio*. According to Article 120(1) EUTMR, such a representative can be a lawyer or a person entered on the list of professional representatives before the EUIPO, such as a patent attorney. Within the EU, trademarks can also be filed by individuals or companies themselves. However, the EUIPO imposes strict form and deadline requirements, which is why professional assistance is advisable even at the application stage. For resolving complex legal matters, a (patent) attorney should always be consulted.

Sources

eSearch Case Law – EUIPO – Database of the European Union Intellectual Property Office

eAmbrosia – Union register of geographical indications – List of protected geographical indications in the EU