Geography Reference
In-Depth Information
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Article 36(2) of Regulation No 607/2009 provides that if the obstacles are not
remedied by the applicant within the deadline referred to in para 1, the
Commission shall reject the application. Any decision to reject the traditional
term concerned shall be taken by the Commission on the basis of the docu-
ments and information available to it. Such decision on rejection shall be
notified to the applicant.
8. Objection procedures
(a) Submission of a request of objection
Article 37(1) of Regulation No 607/2009 provides that within two months
from the date of publication provided for in Art 33(1), any Member State or
third country, or any natural or legal person having a legitimate interest may
object to the proposed recognition by lodging a request of objection.
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Article 37(2) of Regulation No 607/2009 requires that the request of objection
shall be drawn up on the basis of the form set out in Annex VIII and shall be
submitted to the Commission in paper or electronic form. The date of submis-
sion of the request of objection to the Commission is the date on which the
request is entered in the Commission's mail registry.
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Article 37(2) of Regulation No 607/2009 requires the Commission to mark the
documents making up the request of objection with the date of receipt and the
file number allocated to the request of objection.
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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.
(b) Admissibility
i. Verification of receipt of application within the deadline
Article 38(1) of Regulation No 607/2009 provides that for the purposes of
determining whether an objection is admissible, the Commission shall verify
that the request of objection mentions the prior right(s) claimed and the
ground(s) for the objection and was received by the Commission within the
deadline provided for in Art 37(1) of Regulation No 607/2009.
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