Geography Reference
In-Depth Information
(c) Acknowledgement of receipt of objection
Article 14(2) of Commission Regulation (EC) No 607/2009 requires the
Commission to mark the documents making up the objection with the date of
receipt and the file number allocated to the objection. The objector shall receive
an acknowledgement of receipt indicating at least the following:
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(a) the file number;
(b) the number of pages received; and
(c) the date of receipt of the request.
(d) Admissibility under Community procedure
i. Prior rights
Article 15(1) of Commission Regulation (EC) No 607/2009 provides that for
the purposes of determining whether an objection is admissible, in accordance
with Art 40 of the Wine Regulation, the Commission shall verify that the
objection mentions the prior right(s) claimed and the ground(s) for the
objection and was received by the Commission within the deadline.
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ii. Earlier trade mark
Article 15(2) of Commission Regulation (EC) No 607/2009 provides that if
the objection is based on the existence of an earlier trade mark of reputation and
renown, in accordance with Art 43(2) of the Wine Regulation, the objection
shall be accompanied by proof of the filing, registration or use of that earlier
trade mark, such as the certificate of registration or proof of its use, and proof of
its reputation and renown.
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Article 15(2) of Commission Regulation (EC) No 607/2009 requires that the
information and evidence to be produced in support of the use of an earlier
trade mark shall comprise particulars of the location, duration, extent and
nature of the use made of the earlier trade mark, and of its reputation and
renown.
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iii. Details of objection
Article 15(3) of Commission Regulation (EC) No 607/2009 requires that any
duly substantiated objection shall contain details of the facts, evidence and
comments submitted in support of the objection, accompanied by the relevant
supporting documents.
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iv. Remedying deficiencies
Article 15(4) of Commission Regulation (EC) No 607/2009 provides that if
the details of the prior right(s) claimed, ground(s), facts, evidence or comments,
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