Geography Reference
In-Depth Information
4.125
Article 18(2) of Commission Regulation (EC) No 607/2009 provides a desig-
nation of origin or GI which has been accepted shall be entered in the Register.
4.126
In the case of names registered under Art 51(1) of the Wine Regulation, the
Commission shall enter in the Register the data provided for in Art 18(3), with
the exception of that of point (f ).
4.127
Article 18(3) provides that the Commission shall enter the following data in the
Register:
(a) registered name of the product(s);
(b) record of the fact that the name is protected as a GI or designation of origin;
(c) name of the country or countries of origin;
(d) date of registration;
(e) reference to the legal instrument registering the name;
(f ) reference to the single document.
F. SPIRITS
4.128
Article 42(4) of Commission Regulation (EC) No 607/2009 provides that the
protection of designations of origin and GIs for products covered in Art 34 shall
be without prejudice to PGIs applying in relation to spirit drinks within the
meaning of Regulation (EC) No 110/2008 of the European Parliament and of
the Council of 15 January 2008 on the definition, description, presentation,
labelling and the protection of GIs of spirit drinks
38
and vice versa.
G. RELATIONSHIP WITH TRADE MARKS
1. Registration of trade mark after date of application for a geographical
indication
4.129
Article 44(1) of Commission Regulation (EC) No 607/2009 provides that
where a designation of origin or a GI is protected under this Regulation, the
registration of a trade mark corresponding to one of the situations referred to in
Art 45(2) and relating to a product falling under one of the categories listed in
Annex IV shall be refused if the application for registration of the trade mark is
submitted after the date of submission of the application for protection of the
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OJ L 39, 13.2.2008, pp. 16-54.
