The European Union Intellectual Property Office (EUIPO) recently rejected the application to register the trademark TEQUIFRESA for alcoholic beverages in Class 33. The decision is based on the fact that the sign applied for evokes the geographical indication (GI) “Tequila,” which is protected by both European regulations and international agreements with Mexico.
This case is a good example of how European regulations protect geographical indications against attempts to register trademarks that might take unfair advantage of their reputation or mislead consumers.
Background of the Case
The applicant, Fraternity Spirits World Inc., filed an application for the word mark TEQUIFRESA in Class 33 to designate: “Alcoholic beverages, except beers.”
In its initial communication dated May 27, 2025, the EUIPO raised an objection pursuant to Article 7(1)(j) of the European Union Trademark Regulation (EUTMR), finding that the trademark evoked the geographical indication (GI) “Tequila.”
The applicant did not file any arguments within the allotted time limit; therefore, the Office upheld the rejection in its decision of August 22, 2025.
Legal Rationale of the EUIPO
Strengthened Protection of the “Tequila” Geographical Indication (GI)
In its decision denying the application, the EUIPO noted that the term “Tequila” enjoys dual protection:
- Pursuant to Regulation (EC) No. 2024/1143 of April 11, 2024, which regulates geographical indications for spirits in the European Union.
- Pursuant to the Agreement between the European Community and the United Mexican States on the Mutual Recognition and Protection of Designations in the Spirits Sector (OJEU L 152, June 11, 1997).
Definition of the term “protected”
The EUIPO determined that the trademark application for “TEQUIFRESA” includes the element “TEQUI,” which evokes the term “Tequila.” The addition of the term “FRESA” would not eliminate that association.
Furthermore, with regard to the goods applied for in Class 33 (“Alcoholic beverages, except beers”), the EUIPO considers that this description includes“agave-based spirits,” which do not have the origin indicated by the geographical indication referred to in the trademark for which protection is sought.
Consequences of the resolution
The EUIPO, pursuant to Article 7(1)(j) of the EUTM Regulation, rejected the trademark application for TEQUIFRESA.
In accordance with Articles 67 and 68 of the RMUE, the applicant has the right to file an appeal within two months of notification and will then have an additional two months to present the arguments they deem relevant.
Significance of the Decision for Trademark Owners and Applicants
This case highlights several key aspects that trademark applicants should consider when planning their trademark strategy in the European Union.
The ruling confirms that geographical indications enjoy enhanced protection that not only prevents the registration of an identical term but also any reference—even partial—such as the inclusion of the element “TEQUI” in the trademark application, which is capable of leading consumers to associate it with the geographical indication “Tequila” even when accompanied by other elements or names.
Furthermore, this case underscores the need to conduct thorough preliminary searches not only for trademarks but also for geographical indications, thereby reinforcing the importance of developing robust trademark strategies that are aligned with current regulations.
Marta Rodríguez, Senior Associate in the Trademark Practice Group at Elzaburu