Emmental is the home of the famous cheese. However, according to the EU court, the “Emmentaler” does not necessarily have to come from Switzerland. Recognition as a trademark was rejected.
According to a ruling by the European Court, “Emmental” cheese does not necessarily have to come from Switzerland. A corresponding lawsuit by the Swiss industry organization Emmentaler Switzerland was dismissed by the EU court in Luxembourg today. The aim of the lawsuit was to protect the name “Emmentaler” as a trademark in the EU.
Type of cheese only, no geographic origin
With the lawsuit, the association wanted to ensure that only Swiss Emmentaler may be labeled in this way. In the case of a cheese that does not come from Switzerland, the region of origin would then have to be specified, for example Allgäu Emmental. The association therefore sued the European Union Intellectual Property Office (EUIPO).
The Luxembourg judges have now rejected this. Emmental describes a type of cheese “for the relevant German public” and not the geographical origin. Therefore, the term cannot be protected as a trademark. The judgment can still be appealed to before the highest European court, the ECJ.