Geography Reference
In-Depth Information
6.53
Concerned that these provisions do not offer the same degree of protection to
GIs as provided in the European GIs legislation,
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the proposed amending
regulation
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replaces these provisions with the following:
(j) trade marks which are excluded from registration and shall not continue to be used
pursuant to Union legislation or international agreements to which the Union is
party, providing for protection of designations of origin and geographical indica-
tions;
(k) trade marks which are excluded from registration pursuant to Union legislation or
international agreements to which the Union is party, providing for protection of
traditional terms for wine and traditional specialities guaranteed;
(l)
trade marks which contain or consist of an earlier variety denomination registered
in accordance with Council Regulation (EC) No 2100/94 of 27 July 1994 on
Community plant variety rights with respect to the same type of product.
7. Absolute bar to partially non-registrable signs
Article 7(2) provides that the absolute bars in Art 7(1) shall apply notwith-
standing that the grounds of non-registrability obtain in only part of the
Community. The proposed amending regulation
80
proposes the replacement of
Art 7(2) with the following:
6.54
2.
Paragraph 1 shall apply notwithstanding that the grounds of non-registrability
obtain:
(a)
in only part of the Union;
(b)
only where a trade mark in a foreign language or script is translated or
transcribed in any script or official language of a Member State.
Sub-paragraph (b) is explained by Recital (13) to the proposed amending
regulation that trade marks 'applied for in a script or language not intelligible in
the Union should not deserve protection if their registration would have to be
refused on absolute grounds when translated or transcribed in any official
language of the Member States'.
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Specifically: Arts 13 and 14 of Regulation (EU) No 1151/2012 of 21 November 2012 on quality schemes for
agricultural products and foodstuffs, OJ L 343, 14.12.2012, p. 1; Articles 118l and 118m of Regulation (EC)
No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific
provisions for certain agricultural products, as amended by Regulation (EC) No 491/2009 of 25 May 2009, OJ
L 154, 17.6.2009, p. 1; and Article 16 of Regulation (EC) No 110/2008 of 15 January 2008 on the protection of
GIs of spirit drinks, OJ L 39, 13.2.2008, p. 16.
79
Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC)
No 207/2009 on the Community trade mark, COM(2013) 161 final, 2 April 2013.
80
Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC)
No 207/2009 on the Community trade mark, COM(2013) 161 final, 2 April 2013.
