Cognac scores landmark GI protection victory in South Korea
In a first for South Korea, an attempt to trademark “Cognac” for shampoo has been struck down on GI grounds. The ruling is being hailed as a precedent-setting moment for the global protection of wine and spirit appellations.
The integrity of Cognac as a Geographical Indication (GI) has been safeguarded in a significant legal win by international IP specialists Rouse. In a move hailed as a breakthrough for GI jurisprudence in East Asia, the Korean Intellectual Property Trial and Appeal Board (IPTAB) rejected an attempt to register “Cognac” as a trademark for shampoo products.
This is the first time that the Korean Intellectual Property Office (KIPO) has refused a trademark on the grounds of a GI alone, without requiring a direct link between the goods in question.
The case was initiated in 2020 when a South Korean company sought to register the name Cognac for haircare products, claiming the shampoo contained the spirit. The National Interprofessional Bureau of Cognac (BNIC), with support from France’s National Institute of Origin and Quality (INAO), swiftly challenged the application on the grounds of reputational damage and consumer deception.
Rouse, acting on behalf of the French authorities, argued successfully that the use of the name Cognac outside its legally defined category not only eroded its prestige but also risked misleading Korean consumers into assuming a legitimate link to the original product.
A turning point for GIs in East Asia
On 24 April 2025, the IPTAB issued a ruling recognising the “well-known” nature of the Cognac GI, even when applied to unrelated products. Crucially, the Board based its decision on the similarity of the contested trademark to the GI itself, without demanding proof of any commercial connection between Cognac and the proposed shampoo.
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The move effectively implements protections guaranteed under both the EU-Korea Free Trade Agreement and the TRIPS Agreement and sets a clear warning to those seeking to exploit renowned GIs across sectors.
Fabrice Mattei, principal at Rouse, said: “The IPTAB’s decision to uphold protection for Cognac against bad-faith applicants for non-alcoholic goods marks a landmark ruling in the region. It sends a strong message to businesses tempted to piggyback off the reputations of globally protected names.”
BNIC: GI misuse threatens the whole system
Amandine Duthilleul, director of IP and GI Protection at BNIC, commented on the broader implications: “This decision marks an important step forward in our efforts to protect the Cognac GI. Repeated misuse of the name risks diluting its distinctiveness and undermining the value it delivers to the region and its producers.”
She added that Cognac’s unique identity is rooted in stringent rules: from grape variety and terroir to double distillation in copper stills and ageing in French oak.
“Our consumers understand what makes Cognac distinctive and we will continue to fight any misuse that threatens that understanding.”
An international message
The case reinforces the message that GIs are not simply ornamental labels but valuable, protected indications of quality and provenance. With this precedent now established in South Korea, other markets in Asia may be encouraged to follow suit in defending the authenticity of geographical terms, particularly those long entwined with viticulture and spirits.
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