The interface between Trademarks and Geographical Indications: Could the CJEU solve the long-standing issue?

Intellectual Property represents the creation that derives from the human intellect being materialized as an idea, expression, or device. As such, it is rapidly becoming one of the most innovative fields that is being given a particular interest. Apart from the Intellectual Property Rights which date to earlier times and are considered as the traditional IPRs including Trademarks, Copyrights, and Patents, there are also newer IPRs that have been developed more recently but still secured an important spot. A special emphasis in this latter category should be pointed to the Geographical Indications. However, a very complex, conflicting and intense relationship between Trademarks and Geographical Indications has traditionally developed throughout history due to many similarities the two share. By utilising mixed methods of qualitative and quantitative methods, this paper will mainly focus on the conflict between Trademarks and GIs in the European Union level concerning the refusal of trademarks registration that consist of geographical names and defining the criteria for acquiring a distinctive character by the mark. The key aspect of the paper will be to analyse the role and impact of the Court of Justice of the EU on solving this apparent issue. [ABSTRACT FROM AUTHOR]