Geographical indications enjoy a high level of trust among consumers: They often stand for special quality, traditional craftsmanship, and regional authenticity. It is therefore popular to highlight the origin of a product in advertising. However, caution is advised here – anyone advertising with geographical indications must observe various legal requirements in order to avoid misleading consumers or violating the protection of geographical indications of origin.
Trademark protection for geographical indications
Monopolizing a geographical indication through trademark protection is tempting but legally difficult. In principle, trademarks consisting exclusively of signs or indications that may serve to designate the geographical origin of the goods or services in trade are excluded from registration [Art. 7(1)(c) of the Regulation (EU) 2017/1001 on the European Union trade mark (EUTMR); § 8 (2)(2) of the German Trade Mark Act].
According to case law, whether these conditions are met depends on whether the relevant public recognizes the indication as a geographical location and currently associates it with the goods or services claimed as a possible place of origin or destination, or could reasonably do so in the future.
The threshold for assuming that an indication is descriptive is low. Geographical indications – including country names – are not, in principle, descriptive of the goods or services claimed. However, in certain areas, such as agricultural and food products, special circumstances are required to assume that a place is, exceptionally, not understood as an indication of geographical origin. This seems particularly unlikely if the designation covers a large region or even an entire country and the goods or services in question are typically offered everywhere in economically relevant areas.
In this regard, the Court of Justice of the European Union (CJEU) recently denied trademark protection for the designation ‘Iceland’ for a wide range of goods and services in its ruling of 16 July 2025 (T-105/23). With regard to goods in classes 7, 11 and 16, the Court stated that ‘Iceland’ is known to a wide range of consumers as the geographical indication of a country that stands for environmental awareness and sustainability in particular. For this reason, consumers could attribute environmentally friendly or sustainable characteristics to the goods in question. In the court’s opinion, this circumstance alone was sufficient to deny trademark protection to the designation. In view of this broad interpretation of the connection between the trademark and the goods or services claimed, the question arises as to whether country names can still meet the requirements for trademark registration at all.
Misleading as to origin
When using geographical indications, care must be taken to ensure that consumers are not misled about the origin of a product. A geographical origin may only be indicated if the product actually originates from the place named. In four recent rulings, the Higher Regional Court of Cologne prohibited the use of the designation “Dubai chocolate” (judgments of 27 June 2025 – 6 U 52/25, 6 U 53/25,
6 U 58/25, 6 U 60/25). The court found that the term had not developed into a generic designation. The Higher Regional Court affirmed that there was a risk of misleading consumers, as the packaging contained references such as the “Dubai skyline” or slogans such as “This chocolate brings the magic of Dubai directly to your home” and “with a touch of Dubai”, thereby deliberately establishing a connection to Dubai.
Previous decisions by various regional courts, on the other hand, had considered the use of the designation “Dubai chocolate” to be permissible. In their opinion, the public does not expect the ingredients of the chocolate to come from Dubai or the product to have been manufactured there but rather understands the statement as a reference to a method of preparation or recipe originating in Dubai. However, some of these rulings have been overturned by the above-mentioned judgments of the Higher Regional Court of Cologne. Rulings by other Higher Regional Courts on this issue are still pending.
Geographical indications and traditional specialties: EU protection for agricultural and food products
Finally, geographical indications and traditional specialties guaranteed can be protected under EU law for agricultural products and foodstuffs [Regulation (EU) 2024/1143, formerly 1151/2012]. In 1992, the EU introduced a quality scheme featuring the labels “PDO” (Protected Designation of Origin), “PGI” (Protected Geographical Indication), and “TSG” (Traditional Specialities Guaranteed) to safeguard and promote traditional and regional food products. These labels certify origin and quality – and provide consumers with reliable guidance when making purchasing decisions.
Protected designations of origin (PDO)
The PDO label imposes the highest requirements: Production, processing and preparation must all take place entirely within a precisely defined geographical area – and follow a recognized method. In other words, every stage of production must occur within the specified region. The specific quality or characteristics of the product must essentially be attributable to the geographical environment, including natural and human factors. A PDO can be applied to agricultural products, foodstuffs and wines.
Examples from Germany include: Allgäuer Bergkäse, Allgäuer Sennalpkäse, Allgäuer Emmentaler, Fränkischer Grünkern, Allgäuer Weißlacker, Stromberger Pflaume, Weideochse vom Limpurger Rind, Diepholzer Moorschnucke, Lüneburger Heidschnucke, and Odenwälder Frühstückskäse.
Protected geographical indications (PGI)
The requirements for a PGI are less strict than for a PDO: It is sufficient if just one stage of production – that is, production, processing or preparation – takes place in the specified region. The raw materials may come from other areas. Like the PDO, the PGI label can be applied for agricultural products, including foodstuffs and wines.
Examples from Germany include: Aachener Printen, Abensberger Spargel, Aceto Balsamico di Modena, Bamberger Hörnla, Bayerische Brezn, Blutwurz, Dithmarscher Gans, Dresdner Christstollen, Frankfurter Grüne Soße, Fränkischer Obstler, Hessischer Apfelwein, Holsteiner Tilsiter, Lübecker Marzipan, Münchener Bier, Nürnberger Glühwein, Nürnberger Lebkuchen, Nürnberger Rostbratwürste, Oktoberfestbier, Salzwedeler Baumkuchen, Schwarzwälder Schinken, Schwäbische Maultaschen, Schwäbische Spätzle, Thüringer Glühwein, Thüringer Rostbratwurst, Westfälischer Pumpernickel.
Traditional specialities guaranteed (TSG)
The EU label “TSG” does not refer to a geographical origin but rather to a name that highlights traditional production or processing methods. The place of production is not decisive — what matters is solely the adherence to a historically verified production process. A practice is considered “traditional” if it can be proven to have been used within a community for at least 30 years and passed down through generations. The label can be applied to agricultural products, including foodstuffs.
In Germany, only “Kräuterhefe” has been applied for as a TSG. Registered TSG products include, Pizza Napoletana (Italy), Mozzarella Tradizionale (Italy), Heumilch (Austria), Suikerstroop (Netherlands), Basterdsuiker (Netherlands), and Slovenska potica (Slovenia).
Rights and scope of protection
A registered name may be used by all market participants who sell agricultural products, foodstuffs, or wines that comply with the respective product specification. Compliance with these requirements is monitored by control bodies in the EU member states.
Registered geographical indications and traditional specialities guaranteed are not only protected against use for products that do not comply with the relevant product specifications. This protection also extends to any direct or indirect commercial use, as well as to any misuse, imitation or evocation. In particular, the use of terms such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavor’, ‘like’ or similar expressions is prohibited when the protected product is not actually present.
Trademark protection is not possible for such indications (Art. 7 (1)(j)–(l) EUTMR; § 8(2) Nos. 9–11 German Trade Marks Act).
Future protection also for craft and industrial products
Regulation (EU) 2023/2411 extends the protection of geographical indications at EU level for the first time to craft and industrial products. It enters into force in all EU member states on 1 December 2025. The regulation establishes a unified EU-wide registration and protection system for non-agricultural products — such as jewelry, textiles, cutlery, glass, porcelain, natural stone, or furniture. This harmonizes and strengthens the protection of traditional European products like Limoges porcelain, Solingen knives, Carrara marble, or Madeira embroidery.
Conclusion
Geographical indications and traditional specialties represent far more than mere references to origin – they symbolize quality, authenticity, and traditional production methods. Their use in advertising requires particular legal care, as both protected and unprotected indications are subject to the prohibition of misleading practices. Companies should therefore always subject their marketing statements to careful legal review to avoid liability risks.
