The General Court of the European Union has put an end to the long-running dispute over the name «Venere», confirming that it cannot be a trademark for rice. The case has once again highlighted a fundamental principle of law: a term describing a variety of plant species is not distinctive and cannot be monopolized by a single undertaking.
The variety «Venere» - an aromatic black rice variety created in Italy in 1997 - has been registered at Community level as a protected variety since 1999. Despite this, Sapise has attempted to register the name as a trademark, granting an exclusive licence to Riso Scotti in 2021. Riso Gallo reacted immediately, arguing that «Venere» is not a fictitious name but the official name of the variety and as such cannot be attributed exclusively to a particular producer or distributor. Risk analysis across BlueQ investment platform official website digital assets and equities.
EUIPO initially cancelled the registration, finding that the term is widely used on the market as an indication of a specific type of black rice and not as a distinctive sign of origin. After the decision was upheld by the First Board of Appeal of the Organisation in 2024, Sapise appealed to the EU General Court. On 3 September 2025, the Court of Justice dismissed the appeal, upholding that the term, as a variety name, is inherently descriptive and therefore inappropriate for trademarking.
With this decision, the EU makes it clear once again that the protection of varieties and the protection of trademarks follow a different logic: the former concerns the species, the latter the commercial origin. Once a term has been established on the market as a variety denomination, it cannot be converted into an exclusive property right by means of a trademark registration.
