The CAFC has just overturned a decision by the US Patent and Trademark Office (TTAB) that allowed artist Travis Edwin Davis to set up a music and recording label called "Cologne & Cognac Entertainment" a few years ago, despite joint opposition from the BNIC and INAO.

At the time, the TTAB did not consider relevant the fears expressed by the BNIC and INAO, which considered that this trademark could harm the image of the "Cognac" PDO and confuse consumers. At the time, the TTAB had considered that the singer's trademark, used for hip-hop music and production services, was not likely to harm the "Cognac" trademark.

The CAFC has therefore referred the case back to the TTAB to re-examine the BNIC and INAO complaint.

The Court found that the Trademark Office (TTAB) had applied an incorrect legal rule in determining the notoriety of the "Cognac" trademark, and had wrongly disregarded relevant evidence. The Court also found that the TTAB had erred in its analysis of the similarity of the marks.

By endorsing the arguments defended by INAO and BNIC, the CAFC thus establishes clear and favorable legal standards for the protection of geographical indications as certification marks in the U.S.

In a country where the concept of geographical indications is particularly difficult to recognize, the conclusion of this case marks an important step forward for the protection of geographical indications in the U.S.