Luxembourg, Sept 12 - Producers of one of Italy's most famous foods, gourmet Grana Padano cheese, won a victory at Europe's second highest court on Wednesday over rival cheesemakers who wanted to use the protected trademark.
Putting an eight-year row to rest, the Court of First Instance (CFI) said the name "Grana" was not generic: music to the ears of Italy's makers of Grana Padano cheese, represented by the Consorzio per la Tutela del Formaggio Grana Padano.
The row over Grana Padano -- a tasty, hard cheese similar to Parmesan and often used in pasta and risotto dishes -- has been running since 1999.
It started when local cheesemaker Biraghi Spa registered "Grana Biraghi" as a EU trademark, which the Consorzio quickly managed to have cancelled on account of its own "Grana" and "Grana Padano" trademarks.
"Grana Padano" is already a registered name under EU rules that give protection to hundreds of local delicacies, including Scottish beef, English Stilton cheese, Greek Kalamata olives and Rioja wine from Spain, in the form of a special certificate.
Biraghi then appealed to the Office for Harmonisation in the Internal Market (OHIM), the Spain-based EU agency that is responsible for granting EU-wide trademark and design rights.
OHIM said "Grana" was generic and described a product's essential quality. So the existence of the "Grana Padano" name did not prevent the registration of "Grana Biraghi", it said.
The Consorzio hit back with an appeal to the CFI, saying "Grana Biraghi" should be de-registered as an EU trademark.
It argued that the term "Grana" was not generic, broke EU rules on protected names for agricultural products and foods, and confused consumers. The CFI agreed.
"The Court of First Instance annuls the decision of the Board of Appeal of OHIM and holds that the name 'Grana" is not generic and that the designation of origin 'Grana Padano' precludes registration of the mark Grana Biraghi," it said.
"The name 'Grana Biraghi accordingly may not be registered as a trade mark," the CFI said in a statement.
Italy's production zone for Grana Padano cheese stretches along the Po Valley from Piedmont to Veneto, touching the province of Trento in the northeast and some areas of Emilia Romagna in the south. It involves 27 provinces in all.