Geography Reference
In-Depth Information
(a) the name and address of the applicant group;
(b) the single document referred to in point (c) of paragraph 1 of this Article;
(c) a declaration by the Member State that it considers that the application lodged by
the applicant group and qualifying for the favourable decision meets the conditions
of this Regulation and the provisions adopted pursuant thereto;
(d) the publication reference of the product specification.
4. Transitional National Protection
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Article 9 of the Regulation provides that a Member State may, on a transitional
basis only, grant protection to a name under this Regulation at national level,
with effect from the date on which an application is lodged with the Commis-
sion.
3.142
Such national protection shall cease on the date on which either a decision on
registration under this Regulation is taken or the application is withdrawn.
3.143
Where a name is not registered under this Regulation, the consequences of such
national protection shall be the sole responsibility of the Member State
concerned.
3.144
The measures taken by Member States under the first paragraph shall produce
effects at national level only, and they shall have no effect on intra-Union or
international trade.
5. Grounds for opposition
3.145
Article 10(1) provides that a reasoned statement of opposition as referred to in
Art 51(2) shall be admissible only if it is received by the Commission within the
time limit set out in that paragraph and if it:
(a) shows that the conditions referred to in Art 5 and Art 7(1) are not complied with;
(b) shows that the registration of the name proposed would be contrary to Art 6(2), (3)
or (4);
(c) shows that the registration of the name proposed would jeopardise the existence of
an entirely or partly identical name or of a trade mark or the existence of products
which have been legally on the market for at least five years preceding the date of
the publication provided for in point (a) of Art 50(2); or
(d) gives details from which it can be concluded that the name for which registration is
requested is a generic term.
3.146
Article 10(2) provides that the grounds for opposition shall be assessed in
relation to the territory of the Union.
