Published on: 04/29/2024 12:15 PM
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What recent Trademark Trial and Appeal Board and court decisions mean for the preservation of common names for use in the United States
In March 2023, the Fourth Circuit Court of Appeals ruled that “gruyere” is a generic term that can identify and label cheese originating from outside the Gruyère region of Switzerland and France. Our newly published IP Policy and International Affairs Bulletin examines Trademark Trial and Appeal Board and District Court decisions that led to this ruling.
The court’s ruling ended a dispute with European dairy consortiums that filed an application to register "gruyere" as a certification mark in the United States based on claimed rights to identify cheese from a particular geographic region in Switzerland and France. The ruling marks a victory for U.S. cheese producers and dairy groups regarding the preservation of common names.
According to the Bulletin, “The model for protection of geographical indications in the United States continues to emphasize the importance of preserving generic terms for the benefit of consumers and producers. As shown in [the] recently decided case concerning gruyere cheese, the U.S. model relies on due process and transparency to ensure that all interested parties have a platform to provide evidence to support their claims.”
To download a copy of the Bulletin, visit the USPTO website.
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