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New version applies from 07/12/2021. 56 provisions change. Later versions: 08/12/2023, 18/03/2026. Article 18 is deleted from 07/12/2021.

Article 18 - Grounds for refusal of protection

Article 18
Grounds for refusal of protection

1.Names that have become generic shall not be protected as a geographical indication.

For the purposes of this Chapter, a ‘name that has become generic’ means the name of an aromatised wine product which, although relating to the place or the region where this product was originally produced or placed on the market, has become the common name of an aromatised wine product in the Union.

To establish whether or not a name has become generic, account shall be taken of all relevant factors, in particular:

(a)

the existing situation in the Union, notably in areas of consumption;

(b)

the relevant Union or national law.

2.A name shall not be protected as a geographical indication where, in the light of a trademark’s reputation and renown, protection is liable to mislead the consumer as to the true identity of the aromatised wine product.

Official text · consolidated version 27/03/2014 (no longer in force) Open full page ↗
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