Viticulture: conflict between a trademark and a geographical indication resolved

1.    PATAGONIA and PATAGONIA ARGENTINA

The National Institute of Viticulture (INV) has issued Resolution Nº C.10/2009, published in the Official Gazette on April 21, 2009.

The background of such resolution is the conflict between the PATAGONIA trademark registration and the subsequent recognition of the Geographical Indication (GI) for PATAGONIA, as a group of valleys which spans different provinces and constitutes the same viticultural area (according to Resolution No C.23/1999 included as an Exhibit of Decree Nº 57/2004 and Resolutions Nº C.32/09 and C.37/09 by INV).

Considering that PATAGONIA is a registered trademark, its use as a GI is forbidden according to article 32 of Law No 25,163 of Protection of Indications of Source, Geographical Indications and Appellations of Origen used in respect of wines and wine-based alcoholic beverages, unless the owner of the trademark authorizes the use of the name as a GI.

In order to resolve the conflict mentioned above, the INV issued Resolution Nº C.10/2009 which declares that the expression PATAGONIA ARGENTINA is a synonym of PATAGONIA. PATAGONIA ARGENTINA on the one hand distinguishes wines produced in that region and on the other hand distinguishes such wines from those produced in Chilean Patagonia

Thus, the GI for viticulture products produced in the PATAGONIA must be PATAGONIA ARGENTINA while the trademark registration is in force and no authorization of use as a GI is given.

Failure to comply with the provisions of Resolution NºC.10/2009 will be subject to penalties stated in Law No 25,163.

2.    Bilingual Certificate of Free Sale

By Resolution Nº C.9/2009, published in the Official Gazette on April 21, 2009, the National Institute of Viticulture established the use of a new bilingual Certificate of Free Sale (Spanish-English) to export products. As of May 4, 2009 this certificate will replace the Free Sale Form, issued only in Spanish.

The Resolution also states that any exported product must contain the Export Analysis and meet the requirements related to export customs clearance.