Geography Reference
In-Depth Information
designation of origin or GI to the Commission and the designation of origin or
GI is subsequently protected.
Trade marks registered in breach of the first subparagraph shall be invalidated.
4.130
2. Registration of trade mark prior to date of application for a
geographical indication
Article 44(2) of Commission Regulation (EC) No 607/2009 provides that
without prejudice to Art 43(2), a trade mark the use of which corresponds to
one of the situations referred to in Art 45(2), which has been applied for,
registered or established by use, if that possibility is provided for by the
legislation concerned, in the territory of the Community before the date on
which the application for protection of the designation of origin or GI is
submitted to the Commission, may continue to be used and renewed notwith-
standing the protection of a designation of origin or GI, provided that no
grounds for the trade mark's invalidity or revocation exist as specified by the
First Council Directive 89/104/EEC of 21 December 1988 to approximate the
laws of the Member States relating to trade marks 39 or Council Regulation
(EC) No 40/94 of 20 December 1993 on the Community trade mark. 40
4.131
In such cases the use of the designation of origin or GI shall be permitted
alongside the relevant trade marks.
4.132
H. RIGHT TO USE DESIGNATION OF ORIGIN AND GEOGRAPHICAL
INDICATION
Article 45(1) of Commission Regulation (EC) No 607/2009 provides that
protected designations of origins and GIs may be used by any operator
marketing a wine which has been produced in conformity with the corres-
ponding product specification.
4.133
1. Exclusive rights
Article 45(2) of Commission Regulation (EC) No 607/2009 provides that
protected designations of origins and GIs and the wines using those protected
names in conformity with the product specification shall be protected against:
4.134
39
OJ L 040, 11/02/1989 P. 0001-0007.
40
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark OJ L 011,
14/01/1994 P. 0001-0036.
 
Search WWH ::




Custom Search