EU Regulation No 1143 of 2024 aims at creating the conditions for fair competition, leading to the production of added value, to be shared among those involved in the sales chain, with a view to ensuring fair remuneration7. Operators are encouraged to invest in quality, reputation and sustainability and to achieve the objectives of rural development policy. In turn, consumers receive reliable information on origin, authenticity, quality and other characteristics related to the environment and can easily identify goods on the market, including the online one. Under Article 26 of EU Regulation No. 1143 of 2024, indications entered in the relevant European Union register are protected against any direct or indirect commercial use of the indication itself for products not covered by the registration, if they are comparable to those registered under that name or if the use of the indication exploits, weakens or damages the reputation of the protected name. Registered goods are safeguarded against any imitation or evocation, even if the protected name is a translation, transcription or transliteration or is accompanied by expressions such as “style”, “type”, “method”, “as produced in”, “imitation”, “flavour” or “like”. In essence, any practice that could mislead the consumer as to the true origin of the product is prohibited8. Similarly, the Regulation takes into account the geographical indication of a product used as an ingredient in a processed product, which may be used in the name of the latter, on its label or in advertising material, provided that it does not contain any other ingredient comparable to the ingredient designated by the indication, that the latter is used in sufficient quantity to confer an essential characteristic on the result and that its percentage is indicated on the label9. Finally, the Regulation resolves the conflict between indications and trademarks on the basis of the criterion of precedence10. Thus, a name may be excluded from registration as a geographical indication if, due to the reputation and renown of a trademark and the length of time it has been used, registration would mislead consumers as to the true identity of the product. Conversely, an application for registration of a trademark cannot be accepted if it is submitted after that of the geographical indication. 7 See Article 4, lett. b), of EU Regulation No. 1143 of 2024. 8 See Article 26 of EU Regulation No. 1143 of 2024. 9 See Article 27 of EU Regulation No. 1143 of 2024. 10 See Article 30 of EU Regulation No. 1143 of 2024. 64 CHIARA TINCANI
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