1402.03(g) Name and/or Acronym of Trademark Protection System or Scheme for Geographical Indication Appearing in Identification
A geographical indication of origin identifies goods as originating in a territory known for a given quality, reputation, or other characteristic associated with the goods. WTO Agreement on Trade-Related Aspects of Intellectual Property Rights, Art. 22.1, Apr. 15, 1994. Geographical indications are used in connection with wines and spirits, foodstuffs, and agricultural products. They are typically names of geographic places and identify the goods as having characteristics associated with the named places, e.g., "Parmigiano Reggiano" for cheese, "Barolo" for wine, "Colombian" for coffee, and "Parma" for ham. See TMEP §§1210.08 and 1306.02.
Different countries, as well as governmental organizations such as the European Union, have different legal systems or schemes to protect geographical indications of origin. They also have different terminology that has significance in the relevant territories. The following are examples of acronyms and their full names used to designate a protection system or scheme in a particular territory:
| COUNTRY | ACRONYM | FULL NAME |
|---|---|---|
| Austria | DAC | Districtus Austriae Controllatus (Controlled District of Austria) |
| Brazil | GI | Geographical Indication |
| Canada | VQA | Vintners Quality Alliance |
| Chile | DO | Denominación de Origen (Denomination of Origin) |
| European Union | AOP | L'Appellation d'Origine Protégée (Protected Designation of Origin) |
| European Union | PDO | Protected Designation of Origin |
| European Union | IGP; PGI | Indication Géographique Protégée; Protected Geographical Indication |
| France | AOC | Appellation d'Origine Contrôlée (Controlled Designation of Origin) |
| Italy | DOC | Denominazione di Origine Controllata (Controlled Designation of Origin) |
| Italy | DOCG | Denominazione di Origine Controllata e Garantita (Controlled and Guaranteed Designation of Origin) |
| Italy | DOP | Denominazione di Origine Protetta (Protected Designation Origin) |
| Italy | IGP | Indicazione Geografica Protetta (Protected Geographic Indication) |
| Italy | IGT | Indicazione Geografica Tipica (Typical Geographical Indication) |
| Portugal | DOC | Denominação de Origem Controlada (Controlled Denomination of Origin) |
| Romania | DOC | Denumire de Origine Controlată (Controlled Designation of Origin) |
| South Africa | WO | Wine of Origin |
| Spain | DO | Denominación de Origen (Designation of Origin) |
| Spain | DOCa | Denominación de Origen Calificada (Qualified Denomination of Origin) |
The identification should only contain the common commercial or generic name of the goods and/or services, using terminology that is generally understood by the average consumers in the United States. See TMEP §1402.01. Therefore, if the identification refers to a protection system or scheme, such wording should not be part of the identification of goods and/or services featuring those goods. This includes not only when the protection system or scheme is indicated by an acronym and/or full name along with reference to a region-specific or particular protection system or scheme (e.g., "DOCa wines with a protected designation of origin Rioja"), but also when the full name is used in a general or broad sense and without reference to a region-specific or particular protection system or scheme (e.g., "wines protected by appellation of origin" or "distilled spirits protected by geographical indication").
The examining attorney must issue an identification requirement instructing the applicant to submit an amended identification that is definite and complies with the USPTO identification practice. Applicant may not delete the reference to a protection system or scheme entirely from the identification because such an amendment would impermissibly broaden the scope of the goods and/or services. See TMEP §§1402.06, 1402.07. In general, the amended identification must indicate that the goods are made or produced, or the services feature goods made or produced, in accordance with certain, specific, or adopted standards. The language used to describe the goods and/or services should be understandable to the average person and should not require an in-depth knowledge of the relevant field. TMEP §1402.01.
Examples of original identifications and the amended wording that may be recommended are:
| ORIGINAL ID | RECOMMENDED AMENDMENT |
|---|---|
| DOCG wines protected by the designation of origin Barolo, Italy | Wines produced in the Barolo region of Italy in accordance with adopted standards |
| AOC wines, namely, wines with protected appellation of origin | Wines made from grapes from {insert geographic name or region} in accordance with specific standards |
| Distilled spirits protected by appellation of origin | Distilled spirits produced in {insert geographic name or region} in accordance with certain standards |
| PGI distilled spirits from a protected geographical indication | Distilled spirits from {insert geographic name or region} made in accordance with adopted standards |
| Grape brandy protected by the appellation of origin (AOC) Beaujolais | Brandy from the Beaujolais region of France made in accordance with adopted standards |
| Cheeses complying with the characteristics of the Franche-Comté registered designation of origin | Cheese made in the Franche-Comté region of France in accordance with specific standards |
| Retail store services featuring cheese with the protected designation of origin Franche-Comté | Retail store services featuring cheese from the Franche-Comté region of France made in accordance with specific standards |
While the aforesaid identification guidance generally should be followed, there may be exceptions in light of other laws or regulations. Using Cognac as an example, identifications for grape brandy distilled in the Cognac region of France should be identified as "grape brandy distilled in the Cognac region of France in compliance with the laws and regulations of the French Government," and identifications for grape brandy distilled in the Armagnac region of France should be identified as "grape brandy distilled in the Armagnac region of France in compliance with the laws and regulations of the French Government." See 27 C.F.R. §5.22(d)(2). Examining attorneys may consult their senior or managing attorney regarding the acceptability of amended identifications. The senior or managing attorney will make the final determination or may seek guidance from the Office of Legal Policy regarding such marks.
Please note that, occasionally, the acronym and/or full name of a non-English region-specific protection system or scheme may be part of the mark and appear on the drawing. In such cases, a translation and/or disclaimer of the non-English wording must be made of record, as appropriate, the same as with other marks comprising foreign matter that is descriptive or generic. See TMEP §§809–809.03 regarding translations and TMEP §§1213–1213.11 regarding disclaimers.