The Swiss organization Emmentaler Switzerland is challenging the European Commission’s refusal to recognize "Emmentaler" as a protected trademark. The case has been brought before the
Court of Justice of the European Union (CJEU) in Luxembourg.
Trademark fight over Swiss cheese
Urs Schluechter, director of Emmentaler Switzerland, told Swiss news agency Keystone-SDA that trademark protection is essential to distinguish the authentic Swiss cheese from imitations. The group aims to reserve the name "Emmentaler" for cheese that meets the Swiss registered designation of origin by registering it with the World Intellectual Property Organisation (WIPO).
However, since January, the European Commission has denied this protection. It argues that the term "Emmentaler" is considered generic across the EU and historically associated with a broader geographical area, not just Switzerland.
Appeal cites international agreements
In April, Emmentaler Switzerland appealed the EU's decision, asserting that "Emmentaler" is protected as a geographical indication under several international treaties. One such agreement, signed in Stresa, Italy in 1951, has long recognized “Emmentaler” as exclusive to Swiss production — a stance upheld by Italian courts.
The Austrian Ministry of Agriculture has sided with the European Commission, noting that Emmentaler has been made and sold in Austria since at least 1936.
A call for clearer labeling
Emmentaler Switzerland is not opposed to international production of similar cheese, but Schluechter insists such products should clearly indicate their origin — for example, "Emmentaler from Austria."
In Switzerland, Emmentaler is protected by an AOC/AOP (registered designation of origin), meaning it must follow strict production criteria set by the Federal Office for Agriculture. These standards cover not just geographic origin but also the cheese’s physical characteristics, including size, weight, and the iconic holes.
The designated region for authentic Emmentaler production spans beyond the Emme Valley in the canton of Bern, reaching into parts of Fribourg and even to Lake Constance.
The outcome of this legal battle could set a precedent for how traditional food names tied to specific regions are protected — or not — within the European Union. Photo by Manuel2, Wikimedia commons.