Geography Reference
In-Depth Information
that contains or comprises the name of a plant variety or animal breed, provided
that the following conditions are met:
(a) the product in question comprises or is derived from the variety or breed indicated;
(b) consumers are not misled;
(c) the usage of the name of the variety or breed name constitutes fair competition;
(d) the usage does not exploit the reputation of the protected term; and
(e) in the case of the quality scheme described in Title II, production and marketing of
the product had spread beyond its area of origin prior to the date of application for
registration of the geographical indication.
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Article 42(2) provides that in order to further clarify the extent of rights and
freedoms of food business operators to use the name of a plant variety or of an
animal breed referred to in Art 42(1), the Commission shall be empowered to
adopt delegated acts, in accordance with Art 56, concerning rules for deter-
mining the use of such names.
15. Homonyms
Article 6(3) provides that a name proposed for registration
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that is wholly or partially homonymous with a name already entered in the register
established under Art 11 may not be registered unless there is sufficient distinction in
practice between the conditions of local and traditional usage and presentation of the
homonym registered subsequently and the name already entered in the register, taking
into account the need to ensure equitable treatment of the producers concerned and
that consumers are not misled.
16. Misleading designations of origin or geographical indications
Article 6(4) of the Regulation provides that a name proposed for registration as
a designation of origin or geographical indication shall not be registered where,
in the light of a trade mark's reputation and renown and the length of time it has
been used, registration of the name proposed as the designation of origin or
geographical indication would be liable to mislead the consumer as to the true
identity of the product.
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Article 6(3) provides that a homonymous name which misleads the consumer
into believing that products come from another territory shall not be registered
even if the name is accurate as far as the actual territory, region or place of origin
of the products in question is concerned.
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