The CERHA HEMPEL Food Law Corner provides an insight into current legal developments and the latest case-law in the food and beverage industry. Our attorneys regularly advise clients on the regulatory requirements in connection with food information, health and nutrition claims, advertising & marketing, novel foods, the introduction of food supplements on the market and much more. We represent our clients in administrative proceedings, cases under the Unfair Competition Act, and trademark protection including PDO and PGI.
The Austrian Patent Office (ÖPA) prohibited the word mark "TSCHIN" from being registered in goods classes 32 (non-alcoholic beverages) and 33 (alcoholic beverages) on the grounds of lack of distinctiveness and deceptiveness. Within the relevant public, the sign creates the impression that it is gin and related products.
Member states may prohibit the sale of cosmetics if they are confusingly similar to foodstuffs and thus endanger the health of consumers. This was decided by the ECJ in connection with the complaint of a Lithuanian cosmetics manufacturer, which was accused of selling bath balls in the appearance of food ("ice cream scoops"). Caution is therefore required for companies that manufacture food-like products.