On 23 October 2025, ECTA has filed an amicus curiae brief in the referral by the EUIPO First Board of Appeal to the Grand Board of Appeals in the Cremasco case R 1946/2024-1.

The case regards the question of the potentially misleading nature, within the meaning of Article 76(2) EUTMR, of a collective mark application consisting of a figurative sign which reproduces identically the logo contained in the product specification for a geographical indication. The Office’s Guidelines currently refuse such registrations on the grounds that they are deceptive, but the EUTMR does not appear to contain any explicit limitation regarding the collective nature of the entitlement to collective marks for a logo contained in the product specifications and there is little case law on this issue. Furthermore, cumulation of rights was found to be permissible in cases where the signs in question are similar, but the question remains open where the signs in question are identical.

Thus, the First Board considered appropriate to refer to the Grand Board of Appeal the question on whether cumulative protection at EU level between a collective mark and a geographical indication is possible in cases where the signs are completely identical.

ECTA’s views on the case is that a logo contained in the product specification can be simultaneously registered as a collective mark does not necessarily mislead consumers as to the character or the significance of the mark within the terms of Article 76(2) EUTMR, and the alleged conflict concerning the availability of use of geographical indications and collective marks does not constitute an absolute ground for refusal and is certainly not encompassed within the scope of Article 76(2) EUTMR.

We wish to extend our gratitude to the ECTA Amicus Curiae Task Force and the Geographical Indications Committee for their contributions in elaborating this document.