The Ohrid Pearls / FILEVI case before the EUIPO offers valuable lessons for artisans and professionals working with unique, traditional products.
A European Union trademark application was filed including “Ohrid Pearls” for jewellery and precious metals. The opposition was based on the Geographical Indication (GI) ‘OHRID PEARL’, protected under the Lisbon Agreement and Czech law (Act No 452/2001).
- The EUIPO initially rejected the opposition for precious metals.
- The Board of Appeal considered that, although these are not pearls, precious metals are often used together with pearls, creating a potential link in consumers’ minds.
- As a result, using the mark on precious metals was deemed likely to take advantage of the reputation of the GI ‘OHRID PEARL’, protecting the rights of local artisans who can claim GI protection.
Key Takeaways for Artisans and Professionals
- Understand international law: agreements like the Lisbon Agreement allow GI protection beyond national borders.
- Protect your GI or trademark from the start: reputation is built over time and with certification. Unlike trademarks, registering a GI requires defining the geographical area, outlining the production process verified by a competent authority.
- Watch product combinations: even if your product is not identical to the protected one, joint market use can lead to legal conflicts.
- Document comparability and commercial use: evidence of how products are used together can be decisive in opposition proceedings.
This case highlights the importance of respecting and valuing geographical indications (GIs) in protecting local craftsmanship, as a strategic tool for artisans, ensuring that the quality and reputation of their products are recognized and defended against third parties.
As of 1 December 2025, the new EU Regulation (EU 2023/2411) extends GI protection to craft as well as industrial and natural products, giving artisans a powerful legal tool to protect their heritage and reach wider markets.
Discussion for the community:
Respecting and leveraging GI protection is a strategic way for artisans to preserve their local craftsmanship, enhance market recognition, and prevent misuse of traditional product names. Have you ever faced situations where the reputation of your product was affected by unauthorized use of its name or geographical indication?
This text is for informational purposes only and should not be considered as legal advice. Should you require any additional information, feel free to contact us.
