Conceptually it is important to distinguish between direct declarations of origin, i.e. the exact appellations of the geographical origin (SWISS, Appenzeller, ALASKA etc.), and indirect declarations of origin, which do not explicitly but by using figurative symbols indicate a certain region of origin (crossbow, edelweiss, alpenhorn, the Eiffel Tower etc.).

Taking the above said into consideration, a mark only then constitutes a declaration of origin, if it is understood as reference to a certain origin for the products labelled with such mark:

„Berliner“, „Wienerli“ or „Hamburger“ are, depending on the context, usually not understood as declarations of origin, but instead are used as simple names for certain categories of food. If somebody distributes woolen hats under the mark „Lauberhorn“, nobody expects thats said hats are produced in Wengen. Especially souvenirs do not symbolize the origin of the product as figure or mark, but intend to keep in mind the place where they were purchased.