In the trademark dispute over the word mark "NERO CHAMPAGNE," the General Court of the European Union (General Court) rejected the registration of the trademark for wines under the protected designation of origin "Champagne." It thereby underscored the importance of protected designations of origin (Case T-239/23).
Course of proceedings
In 2019, the Italian company Nero Lifestyle filed a registration application for the word mark "NERO CHAMPAGNE" with the European Union Intellectual Property Office (EUIPO) for various sparkling wines.
The trademark application referred, among other things, to sparkling wines that, according to the company, meet the requirements of the protected designation of origin "Champagne."
The French wine associations, the Comité interprofessionnel du vin de Champagne and the Institut national de l'origine et de la qualité, filed an opposition against this registration of the EU trademark.
However, the opposition was rejected by the EUIPO on February 17, 2023 (R 531/2022-2).
The associations then successfully brought an action for annulment before the General Court of the European Union (CJEU) pursuant to Article 263 of the Treaty on the Functioning of the European Union (TFEU).
In its judgment of June 25, 2025, the General Court annulled the EUIPO's decision, upheld the opposition in the context of the trademark dispute, and refused registration of the word mark "NERO Champagne" as an EU trademark.
What makes champagne and its protected designation of origin special?
Madame Lily Bollinger, of the renowned Champagne producer Bollinger, once said of the joy of life she feels when enjoying champagne: "I drink champagne when I'm happy and when I'm sad. Sometimes I drink it when I'm alone. In company, I can't do without it. When I'm not hungry, I whet my appetite with it, and when I am, I enjoy it."
Champagne is a world-renowned luxury product. The sparkling wine is produced exclusively in the Champagne region, located in northeastern France.
The fact that the luxury wine champagne is only produced in Champagne is due to the special climatic conditions there. Due to these conditions, the Champagne region cannot expand geographically any further.
The grapes for this luxury wine ripen particularly slowly due to the cool temperatures, which gives the berries their unique flavor. And the composition of the soil in Champagne provides fantastic conditions for the production of this clear sparkling wine.
In addition, Champagne is produced using a complex and time-consuming production process, the Méthode Champenoise (traditional bottle fermentation). This process is one of the reasons why Champagne enjoys an excellent worldwide reputation as a luxury product with high quality and fantastic taste.
Another unique feature is that the grape harvest throughout the Champagne region is carried out entirely by hand, not by machine. The grapes must be harvested whole to preserve their freshness.
The Comité Champagne (the Committee of Champagne) is responsible for monitoring these regulations, among other things. The committee has also set itself the task of safeguarding the protected designation of origin "Champagne" and ensuring that all winemakers in champagne comply with the regulations for producing sparkling wine.
World-renowned Champagne producers and luxury brands that stand for enjoyment and elegance include Dom Pérignon, Taittinger, Veuve Clicquot, Moët & Chandon, Ruinart, Bollinger, and Billecart-Salmon.
Protection of origin in trademark law
Trademark law protects names for goods or services in commercial transactions and, among other things, ensures the recognition value of luxury products such as Champagne, which have a special quality standard and a specific origin (Law on the Protection of Trademarks and Other Distinctive Marks; Trademark Act).
Thus, the protection of origin of luxury products that are closely linked to their geographical place of origin plays a significant role. As part of the European Union's (EU) quality regulations, they aim to preserve cultural diversity within the Union. This was also central to the current trademark dispute concerning "NERO CHAMPAGNE."
Specifically, the protected designation of origin (PDO) guarantees that the production and processing of a wine or foodstuff takes place in a specific geographical area, according to a recognized or established process.
In this way, for example, luxury products such as wine from Champagne can retain their regional identity and be distinguished from other products.
For consumers of luxury products and premium wines, the PDO seal guarantees a high level of regional identity. This means that the products have a certain quality associated with their origin and production (product specification). Registered trademarks that do not, for example, comply with these product specifications may be cancelled (Article 102 (1) of Regulation Number 1308/2013; Article 8 (6) of Regulation 2017/1001).
The protected designation of origin in trademark law for exclusive wines also has a special economic value. In 2024, 271 million bottles of Champagne were exported worldwide, and the Champagne industry's turnover was €5.8 billion.
Champagne as a protected designation of origin in trademark law
The name "Champagne" has been protected under EU trademark law as a luxury product since 1973. It enjoys an excellent reputation and is a globally valued and well-known name that consumers associate with outstanding quality and exclusivity.
In this specific trademark dispute, the French wine associations argued that the word mark "NERO CHAMPAGNE" was not registrable for their sparkling wines because they did not comply with the product specification for the protected designation of origin "Champagne" (see Article 103(2) of Regulation No. 1308/2013).
Consumers were at risk of being misled, as they could mistakenly assume that the wine in question was from Champagne. The word mark "NERO CHAMPAGNE" also unfairly exploited the reputation of the protected designation of origin.
Why was "NERO CHAMPAGNE" not registered as a trademark?
The General Court denied the trademark registration because the EUIPO had failed to adequately comply with its examination obligations and because it saw a risk of misleading consumers.
In the trademark dispute, it particularly emphasized the importance of protecting the origin of luxury products, as the protected designation of origin "Champagne" guarantees special characteristics. The wines produced there are subject to a particular climate, production process, and geographical conditions.
First, the General Court found that it is not generally prohibited to register a trademark with a protected designation of origin.
However, a refusal under trademark law would occur if "the protected designation of origin does not correspond to the relevant product specification."
A refusal would also occur if the use of the trademark exploits the reputation of a protected designation of origin or if the trademark applied for contains a false or misleading indication regarding the provenance or provenance of the product. (See Article 103 of Regulation Number 1308/2013).
Examination of the trademark registration by the EUIPO
It is to be presumed that these circumstances do not exist if the product complies with the specifications of the respective designation of origin. This presumption can be rebutted by evidence, which must be examined by the EUIPO.
In view of this, the General Court found that the EUIPO had not sufficiently fulfilled its duty to examine the matter. It had reached the general conclusion that the presumption could not be rebutted by the evidence presented.
The EUIPO had therefore committed an error of law.
Misleading by the designation "NERO CHAMPAGNE" in the trademark dispute
The court further confirmed that there was a risk of misleading consumers regarding the origin of the sparkling wines. For this reason, too, trademark registration should be refused (Article 103 (2) (c) of Regulation Number 1308/2013).
In this context, the Court emphasized that the provisions on protection of origin in trademark law essentially aim to "guarantee to consumers that agricultural products bearing a registered designation possess certain specific characteristics due to their origin in a specific geographical area and thus offer a guarantee of quality based on their geographical origin."
The designation "NERO CHAMPAGNE" is misleading for consumers in two respects and leads to a false association.
On the one hand, the designation "NERO CHAMPAGNE" could be understood as a reference to the color of the sparkling wine, since "nero" means "black" in Italian.
The Italian public, in particular, could assume that this is a black sparkling wine, even though, according to the specification, the exclusive Champagne can only be white or rosé.
On the other hand, there is a risk that the wine will be incorrectly perceived as a special type of champagne or a new grape variety from Champagne. In this context, the court criticized the fact that there was no other convincing explanation as to “how the public might perceive the term ‘Nero’ in connection with the designation ‚Champagne’”.
Résumé
The trademark dispute over "NERO CHAMPAGNE" reinforces the importance of protected designation of origin for luxury products such as Champagne. It underscores that only products that meet the specific quality requirements and production processes of a protected designation of origin are eligible for trademark registration.
"Designations of origin such as 'Champagne' give lovers of luxury wines and food the opportunity to enjoy the unique quality of the region. At the same time, champagne artisans receive due recognition for their outstanding production processes and quality assurance," says Leon van Lee, dtb-lawyer and expert in art law, trademark law, and the luxury sector. "This safeguards the cultural identity, exclusivity, and economic value of luxury products."
Status 17.10.2025