The Battle of the Bubbles: PriSecco vs. Prosecco

In a twist that has caught the attention of beverage enthusiasts across Europe, the EUIPO has ruled on a fizzing dispute between 'PriSecco' non-alcoholic cocktails and the famous Italian sparkling wine, 'Prosecco'. Here’s what went down.

The saga began when a complaint was lodged against the trademark 'PriSecco,' which was registered for non-alcoholic cocktails. The heart of the matter was whether 'PriSecco' too closely resembled the beloved 'Prosecco,' which holds a protected designation of origin (PDO).

1. Denied Restriction: PriSecco's owners tried to narrow their trademark to only include non-alcoholic cocktails made from apple and/or pear juices. However, the EUIPO's Cancellation Division (CD) wasn’t having it. They insisted that the challenger had a right to a decision on all products under 'PriSecco,' not just the specific fruit-based ones.

2. Appeal for Clarity: The Boards of Appeal (BoA) stepped in and partially agreed with the 'PriSecco' owners. They allowed the restriction to apple and pear-based drinks, arguing that the challenger no longer had a stake in those specific goods.

3. The Big Decision: Despite this, the BoA sided with the CD on the main issue. They found that 'PriSecco' would remind consumers too much of 'Prosecco.' The similarities in how they look and sound, plus the connection between alcoholic and non-alcoholic beverages, meant that people might confuse the two.

The final verdict declared the 'PriSecco' trademark invalid. This decision highlights how seriously geographical indications like 'Prosecco' are protected. It’s a win for ensuring that names linked to specific regions and qualities, like the sparkling wines of Prosecco, remain unique and recognizable

This case is a wake-up call for brands everywhere. If you’re thinking of a catchy name for your product, be careful—it might just bubble up into a legal battle. For consumers, it’s a reassurance that what you’re sipping is exactly what you think it is.

The 'PriSecco' vs. 'Prosecco' showdown is a clear message: in the world of branding, originality is king, and protecting iconic names is serious business. So next time you pop a bottle of your favorite bubbly, you can toast to the fact that it’s the real deal. Cheers!