Can Peru Trade Mark PISCO? The Global Fight Over a National Drink - Ep 31

Can a country own the name of a product?

In this episode of Elise Explains IP, Elise explores the fascinating Federal Court decision in Republic of Peru (Peruvian State) v Registrar of Trade Marks [2026] FCA 791, a case that sits at the intersection of trade marks, geographical indications, branding, and national identity.

The dispute centred on Peru's attempt to register PISCO as a certification trade mark in Australia. While Peru argued that Pisco is a uniquely Peruvian spirit produced according to strict regional and production standards, the Australian Trade Marks Office initially refused the application, finding that Australian consumers may understand pisco to refer more generally to a spirit produced in both Peru and Chile.

The Federal Court ultimately disagreed.

This episode examines how the Court approached the question of consumer perception, the role of certification trade marks, and why the commercial value of a product's origin can become a powerful form of intellectual property.

In This Episode

  • What a certification trade mark is and how it differs from an ordinary trade mark
  • The history of Pisco and why both Peru and Chile claim rights to the name
  • Why geographical origin can become valuable intellectual property
  • How consumer perception influences trade mark registration
  • The evidence that persuaded the Court to overturn the Registrar's decision
  • The relationship between certification marks and geographical indications
  • What this decision means for producers, industry groups, and brand owners

Key Takeaways

Certification marks protect standards, not ownership

Unlike ordinary trade marks, certification marks indicate that goods meet particular standards relating to quality, production methods, ingredients, or geographic origin.

Reputation can become intellectual property

Consumers often associate products with particular places, traditions, and production methods. That reputation can become commercially valuable and legally protectable.

Consumer understanding matters

Trade mark disputes are often decided by how consumers understand a word, name, or brand in the marketplaceā€”not simply by historical arguments or dictionary definitions.

Geographic branding can be a major business asset

Whether you're producing wine, food products, agricultural goods, or specialty products, the reputation attached to where something comes from may be one of your most valuable assets.

Cases Discussed

Republic of Peru (Peruvian State) v Registrar of Trade Marks [2026] FCA 791

Connect with Elise

If you need assistance with trade marks, branding, certification marks, licensing, or intellectual property strategy, visit:

šŸŒ https://www.elisesteegstra.com


Disclaimer: This podcast is intended for general educational purposes only and does not constitute legal advice. You should obtain advice tailored to your circumstances before acting on any information discussed in this episode.