Geographical Indications in Advertising: Legal Pitfalls and Opportunities

For consumers, geographical indications often signify exceptional quality and traditional craftsmanship. It is therefore common for advertisers to highlight a product’s origin. But what legal considerations apply when using geographical indications in advertising?

Geographical indications and traditional specialities guaranteed can be protected under EU law for agricultural products and foodstuffs (Regulation (EU) 2024/1143, formerly 1151/2012). In 1992, the EU introduced a quality scheme featuring the labels “PDO” (Protected Designation of Origin), “PGI” (Protected Geographical Indication), and “TSG” (Traditional Specialities Guaranteed) to safeguard and promote traditional and regional food products. These labels certify origin and quality – and provide consumers with reliable guidance when making purchasing decisions.

Protected Designation of Origin (PDO) 

The PDO label imposes the highest requirements: production, processing and preparation must all take place entirely within a precisely defined geographical area – and follow a recognised method. In other words, every stage of production must occur within the specified region. The specific quality or characteristics of the product must essentially be attributable to the geographical environment, including natural and human factors. A PDO can be applied for agricultural products, foodstuffs and wines. 

Examples from Germany include:  Allgäuer Bergkäse, Allgäuer Sennalpkäse, Allgäuer Emmentaler, Fränkischer Grünkern, Allgäuer Weißlacker, Stromberger Pflaume, Weideochse vom Limpurger Rind, Diepholzer Moorschnucke, Lüneburger Heidschnucke, Odenwälder Frühstückskäse. 

Protected Geographical Indication (PGI)

The requirements for a PGI are less strict than for a PDO: it is sufficient if just one stage of production – that is, production, processing or preparation – takes place in the specified region. The raw materials may come from other areas. Like the PDO, the PGI label can be applied for agricultural products, including foodstuffs and wines.

Examples from Germany include:  Aachener Printen, Abensberger Spargel, Aceto Balsamico di Modena, Bamberger Hörnla, Bayerische Brezn, Blutwurz, Dithmarscher Gans, Dresdner Christstollen, Frankfurter Grüne Soße, Fränkischer Obstler, Hessischer Apfelwein, Holsteiner Tilsiter, Lübecker Marzipan, Münchener Bier, Nürnberger Glühwein, Nürnberger Lebkuchen, Nürnberger Rostbratwürste, Oktoberfestbier, Salzwedeler Baumkuchen, Schwarzwälder Schinken, Schwäbische Maultaschen, Schwäbische Spätzle, Thüringer Glühwein, Thüringer Rostbratwurst, Westfälischer Pumpernickel.

Traditional Specialities Guaranteed (TSG)

The EU label "TSG" does not refer to a geographical origin but rather to a name that highlights traditional production or processing methods. The place of production is not decisive — what matters is solely the adherence to a historically verified production process. A practice is considered “traditional” if it can be proven to have been used within a community for at least 30 years and passed down through generations. The label can be applied for agricultural products, including foodstuffs.

In Germany, only “Kräuterhefe” has been applied for as a TSG. Registered TSG products include, among others, Pizza Napoletana (Italy), Mozzarella Tradizionale (Italy), Heumilch (Austria), Suikerstroop (Netherlands), Basterdsuiker (Netherlands), and Slovenska potica (Slovenia).

Rights and Scope of Protection

A registered name may be used by all market participants who sell agricultural products, foodstuffs, or wines that comply with the respective product specification. Compliance with these requirements is monitored by control bodies in the EU member states.

Registered geographical indications and traditional specialities guaranteed are not only protected against use for products that do not comply with the respective product specifications. The protection also extends to any direct or indirect commercial use, as well as to any misuse, imitation or evocation. In particular, the use of terms such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar expressions is prohibited when the protected product is not actually present.

Unprotected Geographical Indications

Finally, it should be noted that even unprotected geographical indications cannot be used without restriction in advertising. They are also subject to the prohibition of misleading practices. A product may generally only be advertised with a geographical origin if it actually comes from the stated location. For example, the Regional Court of Cologne prohibited the use of the term “The Taste of Dubai” for a chocolate bar that was produced in Turkey (Case No. 33 O 525/24, decision of 6 January 2025). The decisive factor was that the advertising deliberately created a reference to Dubai with phrases such as “This chocolate brings the magic of Dubai straight to your home” and “with a touch of Dubai.”

By contrast, the Regional Court of Frankfurt considered the term “Dubai-Chocolate” to be permissible. According to the court, consumers do not expect the ingredients of the chocolate to originate from Dubai or the product to be manufactured there; rather, the designation is understood as a reference to a preparation method or recipe originating from Dubai (Case No. 2-06 O 18/25, decision of 21 January 2025).

Future Protection also for Craft and Industrial Products

Regulation (EU) 2023/2411 extends the protection of geographical indications at EU level for the first time to craft and industrial products. It will enter into force in all EU member states on 1 December 2025. The regulation establishes a unified EU-wide registration and protection system for non-agricultural products — such as jewelry, textiles, cutlery, glass, porcelain, natural stone, or furniture. This harmonizes and strengthens the protection of traditional European products like Limoges porcelain, Solingen knives, Carrara marble, or Madeira embroidery.

Conclusion

Geographical indications and traditional specialities are more than mere indicators of origin – they represent quality, authenticity, and often decades-old production methods. Anyone wishing to advertise using them should be aware of the legal requirements and risks involved. Both protected and unprotected geographical names are subject to the prohibition of misleading practices and can lead to legal consequences if used improperly. Companies are therefore well advised to carefully review their advertising claims before using geographical indications.