Geography Reference
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Dairy herds and the trade mark shall not be used on any cheese whatsoever which
does not conform with all the characteristics of the above-mentioned definition.
6.
Any cheese producer or cheese manufacturer resident in the counties of Leicester,
Derby or Nottingham shall be granted a certificate to use the trade mark as a
'certified user' (specimen of which certificate is shown in schedule 'A' hereto)
provided he is willing and proves able to fulfil the following conditions and has
executed a form of undertaking (as shown in schedule 'A' hereto) that he undertakes
to comply with all the Regulations governing the use of the trade mark including
the following: (a) That he will use the trade mark only on an English made blue
moulded or white cheese, produced with no applied pressure, which forms its own
crust or coat and is made in cylindrical form from full cream milk produced by
English dairy herds.
v. Refusal of the application
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Article 74d(1) provides that in addition to the grounds for refusal of a European
trade mark application provided for in Art 36 (non-compliance with formali-
ties) and Art 37 (non-compliance with substance) an application for a Euro-
pean certification mark shall be refused 'where Articles 74b and 74c are not
satisfied, or where the regulations governing use are contrary to public policy or
to accepted principles of morality'.
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Article 74d(2) provides that an application for a European certification mark
shall also be refused 'if the public is liable to be misled as regards the character or
the significance of the mark, in particular if it is likely to be taken to be
something other than a certification mark'.
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In the event of an amendment of the regulations governing use to meet the
requirements of paras 1 and 2, Art 74d(3) provides that an application shall not
be refused.
vi. Observations by third parties
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Article 74e provides that where written observations on a European certifi-
cation mark are submitted to the Agency pursuant to Art 40, those observations
may also be based on the particular grounds on which the application for a
European certification mark shall be refused pursuant to Art 74d.
vii. Amendment of the regulations governing use of the mark
Article 74f(1) provides that a proprietor of a European certification mark shall
submit to the Agency any amended regulations governing use. Article 74f(3)
provides that Art 74e, concerning observations by third parties, shall apply to
amended regulations governing use.
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