Geography Reference
In-Depth Information
5.92
Article 14(2) of Commission Implementing Regulation (EU) No 716/2013
provides that if the objection is based on the existence of an earlier trade mark of
reputation and renown already used in the Union, in accordance with Art 23(3)
of the Spirits Regulation, it shall be accompanied by proof of the filing of an
application for registration, registration or use of that trade mark, such as the
certificate of registration or proof of its use, and proof of its reputation and
renown.
Article 14(3) of Commission Implementing Regulation (EU) No 716/2013
provides that any objection shall contain details of the facts, evidence and
comments submitted in support of the objection and be accompanied by the
relevant supporting documents.
5.93
The information and evidence produced in support of the use of an earlier trade
mark shall refer to location, duration, extent and nature of use and of its
reputation and renown.
Article 14(4) of Commission Implementing Regulation (EU) No 716/2013
provides that if the information and the documents referred to in Art 14(1), (2)
and (3) have not been produced, the Commission shall invite the objector to
remedy the deficiencies within a period of two months. If the deficiencies are
not remedied within the time limit, the Commission shall reject the objection
as inadmissible.
5.94
(p) Scrutiny of an objection
Article 15(1) of Commission Implementing Regulation (EU) No 716/2013
provides that if the objection is admissible, the Commission shall communicate
it to the Member State, the third country authority or the private entity from
the third country in question and invite them to file observations within a
period of two months. Any observations received within this time period shall
be communicated to the objector.
5.95
Article 15(2) of Commission Implementing Regulation (EU) No 716/2013
provides that the Commission shall request the parties to submit comments on
the observations received from the other parties within a period of two months.
5.96
Article 15(3) of Commission Implementing Regulation (EU) No 716/2013
provides that if the Commission considers that the objection is founded, it shall
reject the application for registration.
5.97
