Ecuador Protects DOP Fontina from Potential Confusion
Source: dairynews.today
Ecuador's National Service for Intellectual Rights denied Floralp's registration due to confusion risks with Fontina's Protected Designation of Origin (DOP).
The Administrative Tribunal of the Judicial District of Quito ruled on February 5th, rejecting the registration of Floralp Fontina Más Diseño, a brand sought in 2014 by Ecuadorian company Floralp S.A., specializing in milk production and cheese making.
This decision was in response to the opposition by the Consorzio Prodduttori e Tutella della DOP Fontina. The opposition argued that the use of the term fontina in Ecuador by Floralp could lead to local consumer confusion, considering 'fontina' is a protected designation of origin (DOP) recognized in Italy, the EU, and by WIPO.
Floralp pursued legal action after Ecuador's National Service for Intellectual Rights originally rejected their application due to the potential confusion with DOP-protected products.
The tribunal upheld these findings, noting even though the DOP was not registered in Ecuador, it could mislead consumers.
Additionally, evidence of Fontina's historical registry, including Italian Presidential Decree, WIPO International Register, and EU Official Bulletin, supported the tribunal's decision. DOP Fontina now includes Fontina DOP Alpeggio and Fontina DOP Lunga Stagionatura, confirmed by Italy's Ministry of Agriculture in 2023, specifying production changes like local feed sourcing in the Aosta Valley, meeting EU Regulation 1151-2014 standards.
This decision was in response to the opposition by the Consorzio Prodduttori e Tutella della DOP Fontina. The opposition argued that the use of the term fontina in Ecuador by Floralp could lead to local consumer confusion, considering 'fontina' is a protected designation of origin (DOP) recognized in Italy, the EU, and by WIPO.
Floralp pursued legal action after Ecuador's National Service for Intellectual Rights originally rejected their application due to the potential confusion with DOP-protected products.
The tribunal upheld these findings, noting even though the DOP was not registered in Ecuador, it could mislead consumers.
Additionally, evidence of Fontina's historical registry, including Italian Presidential Decree, WIPO International Register, and EU Official Bulletin, supported the tribunal's decision. DOP Fontina now includes Fontina DOP Alpeggio and Fontina DOP Lunga Stagionatura, confirmed by Italy's Ministry of Agriculture in 2023, specifying production changes like local feed sourcing in the Aosta Valley, meeting EU Regulation 1151-2014 standards.
