Is Emmental Swiss? For European judges, the answer is no. In any case, not alone. The Court of Justice of the European Communities (CJEU) rejected this Wednesday the appeal of the interprofessional Emmentaler Switzerland. The latter wanted to protect the term “Emmentaler” as a trademark, which the European Intellectual Property Office (EUIPO) had refused.
More specifically, the industry wanted to force the tens of thousands of tons of cheese with holes that are now produced outside of Switzerland to indicate “Emmental France” or “Emmental Belgium” on their packaging.
“Too bad for the Swiss heritage”
Because Emmental is not just a cheese, it is also a Swiss valley, the Emme Valley, or Emmental in German, in the canton of Bern. But the famous big-hole cheese has long since crossed the Swiss borders, in particular to reach French Savoy or southern Germany, where it is also produced in large quantities.
As a result, the Luxembourg court found that it was now a generic term in the minds of European consumers, referring to a type of cheese rather than a specific geographical designation in Switzerland.
“It’s a shame” for the “Swiss heritage”, but the CJEU’s decision “will not have major consequences” for Swiss industry, he said. Swiss producers were counting above all on an increase in their exports abroad if they had won their case before the European judges. But Emmentaler Switzerland will study other means to continue the battle, which in particular could appeal this decision.
A case reminiscent of Gruyère, another emblematic Swiss cheese. Last March, a US appeals court also ruled that the term “gruyère” referred to a common name that was not associated with a specific geographic origin in Switzerland or France.
Source: BFM TV
