Geography Reference
In-Depth Information
ii. Objection based upon earlier trade mark
Article 38(2) of Regulation No 607/2009 provides that if the objection is based
on the existence of an earlier trade mark of reputation and renown, in accord-
ance with Art 41(2) of the Wine Regulation, the request of objection shall be
accompanied by proof of the filing, registration or use of that earlier trade mark,
such as the certificate of registration and proof of its reputation and renown.
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Article 38(3) of Regulation 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.
iii. Details of facts and evidence
Article 38(3) of Regulation No 607/2009 requires that any duly substantiated
request of 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. Failure to provide details
Article 38(4) of Regulation No 607/2009 provides that if the details of the prior
right(s) claimed, ground(s), facts, evidence or comments, or the supporting
documents, as referred to in Art 38(1)-(3), have not been produced at the same
time as the request of objection or if some are missing, the Commission shall
inform the opponent accordingly and shall invite him to remedy the deficien-
cies noted within a period of two months. If the deficiencies are not remedied
before the time limit expires, the Commission shall reject the request as
inadmissible. The decision on inadmissibility shall be notified to the objector
and to the Member State or the third-country authorities or the representative
professional organisation established in the third country in question.
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v. Notification of objection
Article 38(5) of Regulation No 607/2009 requires any request of objection that
is deemed admissible shall be notified to the Member State or the third-
country authorities or the representative professional organisation in the third
country in question.
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(c) Scrutiny of an objection
i. Communication of objection
Article 39(1) of Regulation No 607/2009 provides that if the Commission has
not rejected the request of opposition in accordance with Art 38(4) of Regu-
lation No 607/2009, it shall communicate the objection to the Member State or
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