Under the Community Trade Mark Directive (89/104/EEC), Governments are entitled to object to trade marks that consist exclusively of indications of geographical origin. The purpose of such objection is to protect the rights of other traders and exporters by preventing any single company from obtaining a monopolistic right to a place name such as the name of a country. In this regard, any decision I would take to object to the registration of a trade mark exclusively indicative of Irish origin would be taken regardless of which part of the island of Ireland the goods were produced in. In the case to which the Deputy refers, I considered that the three trade marks in the applications in question consisted exclusively of indications of geographical origin, and my objection was made on this basis.
In addition to these three applications, the company concerned has four other trade mark applications, and two previously registered trade marks, which are the subject of objection by the Irish Dairy Board. These objections are at the appeal stage. While I am not a party to the appeal, I did express concerns to the Greek authorities in relation to aspects of the cases.
Apart from the nature of the trade marks, I was concerned at the use of the shamrock. The Paris Convention for the Protection of Industrial Property protects the shamrock from registration in any of its member countries, including Greece, save with the consent of the Minister for Enterprise, Trade and Employment. No application for consent has been received. I am also concerned that where trade marks contain elements that are indicative of Irish origin, but not exclusively so, they should not be deceptive as to origin. In the case that the Deputy has raised, I have been informed that the Greek company in question is using trade marks indicative of Irish origin on produce from outside the island of Ireland. The use of a trade mark indicative of Irish origin on produce from Northern Ireland is, of course, not at issue.
