This dissertation analyzes the legal friction between European Union Trade Marks (EUTMs) and Geographical Indications (GIs). It contrasts the private nature of trademarks with the collective, heritage-based protection of GIs, identifying them as competing pillars within the EU Intellectual Property framework. The study focuses on the absolute grounds for refusal and invalidation, specifically examining the "shield" provided to GIs under Article 13 of the GI Regulations. A central theme is the doctrine of "evocation", where the author evaluates how the Court of Justice of the European Union (CJEU) uses the "mental link" test to block trademarks that merely bring a protected GI to mind, even without consumer confusion. Finally, the research explores the "Grandfathering" clause as a mechanism for conditional coexistence. It concludes that while EU policy increasingly prioritizes GIs to protect rural economies, this shift creates legal uncertainty for trademark holders, necessitating a more balanced judicial approach to ensure market predictability.
Βέρα Ε. Επαγγέλη (Wed,) studied this question.