Posted by Laura Ercoli on Tuesday May 20th, 2025

Amarone della Valpolicella PDO trumps “Sumarone” trademark application: another significant decision nips evocation in the bud

Another remarkable win in the history of the protection of the PDO AMARONE DELLA VALPOLICELLA: the SUMARONE brand cannot be registered for wines at European level because it evokes AMARONE DELLA VALPOLICELLA.

An Italian wine producer applied for registration, as a European Union trademark covering wines, of the term SUMARONE; on behalf of the Consorzio per la Tutela dei Vini Valpolicella, we filed an opposition against the registration of the trademark on the grounds that it evokes the PDO AMARONE DELLA VALPOLICELLA.

An initial decision by the Opposition Division of the European Union Intellectual Property Office (EUIPO) was unfavourable; following our appeal, on 10 April 2025 the 2nd Board of Appeal of the EUIPO supported our arguments, ruling out the registration of the SUMARONE trademark for wines.Amarone evocazione DOP

In essence, the Board of Appeal found that:

  • The PDO AMARONE DELLA VALPOLICELLA enjoys a proven reputation among the European Union public based on the evidence produced.
  • AMARONE is the significant component of the PDO AMARONE DELLA VALPOLICELLA.
  • The partial incorporation of the suffix -MARONE in the AMARONE component of the earlier PDO is a decisive factor for a finding of evocation.
  • Consequently, the average European relevant consumer, and in particular a non-Italian one, will connect the name SUMARONE, if used for a wine, with AMARONE and consequently with the PDO AMARONE DELLA VALPOLICELLA.

Building on the previous success against an attempt to register the European brand AMICONE for wines, the decision in the SUMARONE case confirms the validity and adds to the strength of our defence strategy of the AMARONE DELLA VALPOLICELLA PDO, nipping in the bud applications to register evocative trademarks likely to mislead the public, to the detriment of “Amarone” producers and consumers alike.

 

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