In the cases the Deputy has raised in a previous parliamentary question, and again in this question, the background is that under trade mark law and practice, trade marks consisting exclusively of indications of geographical origin should not be registered. This is reflected in the Community Trade Mark Directive (89/104/EEC). Article 3.1(c) of this directive sets out that the following shall not be registered or if registered shall be liable to be declared invalid: trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods or service.
The Community Trade Mark Directive has been implemented in all member states of the EU and, therefore, represents a valid basis upon which to object to trade marks in Greece that can be considered to consist exclusively of indications of Irish origin. The reason for becoming involved in such a case is, as stated in my previous reply, to ensure that a single company does not obtain a monopolistic right to trade marks that are exclusively designations of Irish origin. Such a position would pertain irrespective of where in the island of Ireland the goods were produced. A trade mark owner is entitled to prevent competitors from using that trade mark or, indeed, signs similar to that trade mark and, if the trade mark consists exclusively of a geographical indication, other exporters from the territory in question would be disadvantaged.
The large number of companies that quite legitimately and effectively portray their Irish origins or Irish connections in their names or brands illustrate that it is possible to display and make use of the value of such connections without registering a trade mark exclusively indicative of Irish origin.