Geography Reference
In-Depth Information
expression such as 'like', 'type', 'style', 'made', 'flavour', or any other similar term,
would not alter that categorisation.
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G. RELATION BETWEEN TRADE MARKS AND GEOGRAPHICAL INDICATIONS
1. Where registered geographical indication exists
5.140
Article 23(1) of the Spirits Regulation provides that the registration of a trade
mark which contains or consists of a GI registered in Annex III shall be refused
or invalidated if its use would lead to any of the situations referred to in Art 16.
2. Registration of trade mark prior to geographical indication
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Article 23(2) provides that with due regard to Community law, a trade mark the
use of which corresponds to one of the situations referred to in Art 16, which
has been applied for, registered, or established by use, if that possibility is
provided for by the legislation concerned, in good faith within the territory of
the Community, before either the date of protection of the GI in the country of
origin or before 1 January 1996, may continue to be used notwithstanding the
registration of a GI, provided that no grounds for its invalidity or revocation
exist as specified by First Council Directive 89/104/EEC of 21 December 1988
to approximate the laws of the Member States relating to trade marks
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or
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community
trade mark.
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3. Registration of geographical indication after trade mark
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Article 23(3) of the Spirits Regulation provides that a GI shall not be registered
where, in the light of a trade mark's reputation and renown and the length of
time it has been used in the Community, registration is liable to mislead the
consumer as to the true identity of the product.
4. Control and protection of spirit drinks by Member States
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Article 24(1) of the Spirits Regulation provides that Member States shall be
responsible for the control of spirit drinks. They shall take the measures
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Ibid, at para 59.
44
OJ L 40, 11.2.1989, p. 1. Directive as amended by Council Decision 92/10/EEC OJ L 6, 11.1.1992, p. 35.
45
OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation (EC) No 1891/2006 (OJ L 386,
29.12.2006, p. 14).
