Trade mark developments for the food and beverage sector What brand owners need to know

For food and beverage businesses, a brand name is often their most valuable asset. Several changes in 2026 have affected how food and drink names are protected across the EU, including in Ireland.

Some interesting developments have taken place related to geographical indications (GIs) in particular. Some of the best known Irish GIs include:

• Irish Whiskey
• Irish Cream, and
• Irish Poitín

Changes introduced in EUIPO 2026 Guidelines

Objections based on the reputation of a GI

A comprehensive review of the EUIPO’s practice related to earlier GIs has been included in the EUIPO Guidelines. This update particularly reflects the related legislative reforms. It also incorporates the General Court’s judgment in T‑239/23[1].

An objection can now be based on the ground of exploitation, weakening, dilution or detriment to the reputation of a GI. This applies if relevant information is available to the Office on its own motion. Alternatively, this information may be submitted through third-party observations. The objection can extend beyond identical or comparable goods and services.

In addition, a specification can be expressly restricted to goods that comply with the relevant product specification. Doing so may create a favourable presumption where the GI is used for identical goods or related services. However, this will not cure an objection where the GI is evoked for other goods or services. Similarly, it will not resolve an objection where a protected product is an ingredient, part or component of a processed product.

An earlier right must remain valid until the date of the decision

The decision of the Court of Justice in C‑337/22 P[2] confirmed the EUIPO’s long-standing practice that an earlier right on which an opposition is based must remain valid until the date of the decision. This has now been incorporated into the EUIPO Guidelines.

New labelling requirements for GIs

Commission Implementing Regulation (EU) 2025/26 sets out detailed technical specifications for product packaging. Specifically, it governs how GIs and traditional specialties guaranteed must be presented and labelled. As an EU Regulation, it is directly applicable in Ireland and does not require transposition.

The Regulation sets out requirements on the use of EU symbols and indications for GI-protected products, including that:

• The name of the producer must be placed in the same field of vision as the registered GI name, and, if applicable, the Union symbol.
• For EU-origin agricultural products and spirit drinks, the use of the official Union symbol is mandatory. This includes the distinctive yellow-red seal for protected designations of origin (PDOs) and the yellow-blue seal for protected geographical indications (PGIs).
• Use of the official Union symbols remains optional for the wine sector.
• The designated graphics for PDOs or PGIs must be reproduced exactly as specified in the Regulation's annexes. The designated graphics must respect size, colour and formatting standards.

For example:

A transitional rule under Regulation (EU) 2026/471 permits products labelled before 14 May 2026 to continue being sold without showing the producer or operator name in the same field of vision as the GI. However, this exception applies only “until existing stocks are exhausted”. Any Irish food or beverage business planning a packaging refresh or rebrand for GI-protected products should ensure compliance with these requirements.

Inclusion of ‘alcoholic beverages’ in Class 33 in the UAE

The UAE Ministry of Economy and Tourism and its Trade Mark Office have been accepting trade mark applications covering Class 33 for alcoholic beverages since September 2026. References to ‘beer’ can also now be included in Class 32.

Class 33 was previously not available for trade mark registration in the UAE due to local public policy and cultural values. Owners of alcoholic beverage brands previously relied on Class 32 as part of their UAE trade mark applications.

Brand owners with existing registrations covering Class 32 should note that these will still be considered when any new application is examined, as the UAE office examines related classes. Importantly, owning a trade mark registration for alcoholic beverages does not grant permission to import, distribute, advertise or sell alcoholic beverages in the UAE; the change is purely administrative. However, businesses in this space should consider filing the relevant trade mark applications to ensure that they have appropriate protection in place.

New joiners to the WIPO Madrid System

Jersey became an independent designation under WIPO’s Madrid System on 1 August 2026. Designating the UK no longer automatically covers Jersey. Applicants based in Jersey now file their international trade mark applications directly through the Jersey Registrar of Intellectual Property. No action is required if your international registration was protected in the UK on 1 August 2026. WIPO will automatically record a Jersey designation for your registration. From that point, the Jersey and UK designations operate independently of each other.

The Madrid Protocol also entered into force in Saudi Arabia on 8 October 2026. Trade mark holders in five of the six Gulf Cooperation Council countries can now use the Madrid System to secure cross-border protection for their brands:

• Bahrain
• Oman
• Qatar
• Saudi Arabia, and
• The UAE

For more information and expert advice, contact a member of our Intellectual Property team.

The content of this article is provided for information purposes only and does not constitute legal or other advice.

[1] NERO CHAMPAGNE / Champagne (GI), EU:T:2025:638.

[2] Ape tees (fig.) / DEVICE OF APE HEAD (fig.) et al., EU:C:2026:71.