Can the name of a country, lake, city or even a mountain be claimed as a trade mark, just like the name of a laundry detergent? At first glance, this may seem as incongruous as registering “Paris” for mass-produced baguettes made who-knows-where. Yet the legal position is far more nuanced.
European Union law, and therefore French law, does not in itself prohibit the registration of a geographical name as a trade mark. Since the Windsurfing Chiemsee judgment (ECJ, 4 May 1999), the question has not been whether a sign designates a place, but whether the relevant public is likely to perceive it as an indication of the geographical origin of the goods or services covered by the trade mark. If so, the name must remain available to all economic operators and cannot be monopolised.
This assessment is highly fact-specific. It depends on the reputation of the place, the nature of the goods or services applied for, and consumer perception.
For example, MONTBLANC is validly registered as a trade mark for pens and even dessert creams, because the public does not perceive it as indicating the geographical origin of those goods.
By contrast, in the ICELAND case[1], the General Court of the European Union upheld the invalidation of the trade mark owned by the British supermarket chain ICELAND. It held that, since some of the goods sold may originate in Iceland, the name had to remain available to operators that might market goods actually originating in that country.
Where the public is likely to perceive a place name as an indication of origin – for example, because the country or city is known for producing jewellery or leather goods – it must remain available to other operators.
These decisions confirm that no category of geographical name is automatically accepted or excluded. The name of a mountain, city or country may be registered in some cases and refused in others. Everything depends on the connection consumers are likely to make between the place and the goods or services concerned.
European case law therefore seeks to balance two legitimate interests: protecting the investments made by trade mark owners while ensuring that competitors remain free to use terms they may need to describe the origin of their goods.
Behind the apparently simple question “Can a place name be registered as a trade mark?” lies a clear example of the continuing search for a balance between private monopoly rights and the public interest.
[1] (16 july 2025, Iceland Foods Ltd c. EUIPO, T-105/23)
September 2026
Contributing author
