Trademark Regulation
‘Gruyere’ is generic description of cheese that is not eligible for certification mark, appeals court docket says
The time period “gruyere” is a generic description of cheese and may’t be registered with the U.S. Patent and Trademark Workplace as a certification mark denoting the area the place the cheese is produced, a federal appeals court docket has dominated.
In a March 3 decision, the 4th U.S. Circuit Courtroom of Appeals at Richmond, Virginia, dominated towards Swiss and French consortiums arguing that gruyere may solely be used to label cheese that’s produced within the Gruyère area of Switzerland and France.
Reuters has protection.
“Like a fantastic cheese, this case has matured and is ripe for our evaluation,” wrote Chief Decide Roger L. Gregory for the panel. “We conclude that the time period ‘gruyere’ is generic as a matter of legislation.”
Gregory famous that the U.S. Meals and Drug Administration has issued a typical of id for gruyere cheese that’s far much less stringent than necessities in Switzerland and France. Producers in these international locations “make cheese from the unpasteurized milk of cows that graze on alpine grasses,” and the cheese is made utilizing a standard manufacturing course of, Gregory mentioned.
The 4th Circuit’s determination upholds a ruling by the Patent and Trademark Workplace.
The Swiss and French consortiums in search of the mark advised Reuters in an announcement that they might vigorously proceed efforts to guard the gruyere title.
The case is Interprofession du Gruyère v. U.S. Dairy Export Council.
