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Regulation (EU) No 1151/2012 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs

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  • Art. 54(1A)(1B) inserted by 2024 c. 6 s. 4(4)

TITLE IIU.K.PROTECTED DESIGNATIONS OF ORIGIN AND PROTECTED GEOGRAPHICAL INDICATIONS

Article 4U.K.Objective

A scheme for protected designations of origin and protected geographical indications is established in order to help producers of products linked to a geographical area by:

(a)

securing fair returns for the qualities of their products;

(b)

ensuring uniform protection of the names as an intellectual property right in the territory of [F1Great Britain];

(c)

providing clear information on the value-adding attributes of the product to consumers.

Textual Amendments

Article 5U.K.Requirements for designations of origin and geographical indications

1.For the purpose of this Regulation, ‘designation of origin’ is a name which identifies a product:

(a)originating in a specific place, region or, in exceptional cases, a country;

(b)whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; and

(c)the production steps of which all take place in the defined geographical area.

2.For the purpose of this Regulation, ‘geographical indication’ is a name which identifies a product:

(a)originating in a specific place, region or country;

(b)whose given quality, reputation or other characteristic is essentially attributable to its geographical origin; and

(c)at least one of the production steps of which take place in the defined geographical area.

3.Notwithstanding paragraph 1, certain names shall be treated as designations of origin even though the raw materials for the products concerned come from a geographical area larger than, or different from, the defined geographical area, provided that:

(a)the production area of the raw materials is defined;

(b)special conditions for the production of the raw materials exist;

(c)there are control arrangements to ensure that the conditions referred to in point (b) are adhered to; and

(d)the designations of origin in question were recognised as designations of origin in the country of origin before 1 May 2004.

Only live animals, meat and milk may be considered as raw materials for the purposes of this paragraph.

4.In order to take into account the specific character of production of products of animal origin, the [F2Secretary of State may make regulations] concerning restrictions and derogations with regard to the sourcing of feed in the case of a designation of origin.

In addition, in order to take into account the specific character of certain products or areas, the [F3Secretary of State may make regulations] concerning restrictions and derogations with regard to the slaughtering of live animals or with regard to the sourcing of raw materials.

These restrictions and derogations shall, based on objective criteria, take into account quality or usage and recognised know-how or natural factors.

Textual Amendments

Article 6U.K.Generic nature, conflicts with names of plant varieties and animal breeds, with homonyms and trade marks

1.Generic terms shall not be registered as protected designations of origin or protected geographical indications.

2.A name may not be registered as a designation of origin or geographical indication where it conflicts with a name of a plant variety or an animal breed and is likely to mislead the consumer as to the true origin of the product.

3.A name proposed for registration that is wholly or partially homonymous with a name already entered in the register established under Article 11 may not be registered unless there is sufficient distinction in practice between the conditions of local and traditional usage and presentation of the homonym registered subsequently and the name already entered in the register, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.

A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the products in question is concerned.

4.A name proposed for registration as a designation of origin or geographical indication 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, registration of the name proposed as the designation of origin or geographical indication would be liable to mislead the consumer as to the true identity of the product.

Article 7U.K.Product specification

1.A protected designation of origin or a protected geographical indication shall comply with a specification which shall include at least:

(a)the name to be protected as a designation of origin or geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area;

(b)a description of the product, including the raw materials, if appropriate, as well as the principal physical, chemical, microbiological or organoleptic characteristics of the product;

(c)the definition of the geographical area delimited with regard to the link referred to in point (f)(i) or (ii) of this paragraph, and, where appropriate, details indicating compliance with the requirements of Article 5(3);

(d)evidence that the product originates in the defined geographical area referred to in Article 5(1) or (2);

(e)a description of the method of obtaining the product and, where appropriate, the authentic and unvarying local methods as well as information concerning packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control F4...;

(f)details establishing the following:

(i)

the link between the quality or characteristics of the product and the geographical environment referred to in Article 5(1); or

(ii)

where appropriate, the link between a given quality, the reputation or other characteristic of the product and the geographical origin referred to in Article 5(2);

(g)the name and address of the authorities or, if available, the name and address of bodies verifying compliance with the provisions of the product specification pursuant to Article 37 and their specific tasks;

(h)any specific labelling rule for the product in question.

2.In order to ensure that product specifications provide relevant and succinct information, the [F5Secretary of State may make regulations] laying down rules which limit the information contained in the specification referred to in paragraph 1 of this Article, where such a limitation is necessary to avoid excessively voluminous applications for registration.

The [F6Secretary of State may make regulations] laying down rules on the form of the specification. F7...

Textual Amendments

Article 8U.K.Content of application for registration

1.An application for registration of a designation of origin or geographical indication pursuant to Article [F849] shall include at least:

(a)the name and address of the applicant group and of the authorities or, if available, bodies verifying compliance with the provisions of the product specification;

(b)the product specification provided for in Article 7;

(c)a single document setting out the following:

(i)the main points of the product specification: the name, a description of the product, including, where appropriate, specific rules concerning packaging and labelling, and a concise definition of the geographical area;

(ii)a description of the link between the product and the geographical environment or geographical origin referred to in Article 5(1) or (2), as the case may be, including, where appropriate, the specific elements of the product description or production method justifying the link.

An application as referred to in Article 49(5) shall, in addition, include proof that the name of the product is protected in its country of origin.

F92.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Article 9U.K.Transitional national protection

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 10U.K.Grounds for opposition

1.A reasoned statement of opposition as referred to in Article 51(2) shall be admissible only if it is received by the [F11Secretary of State] within the time limit set out in that paragraph and if it:

(a)shows that the conditions referred to in Article 5 and Article 7(1) are not complied with;

(b)shows that the registration of the name proposed would be contrary to Article 6(2), (3) or (4);

(c)shows that the registration of the name proposed would jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication provided for in point (a) of Article 50(2); or

(d)gives details from which it can be concluded that the name for which registration is requested is a generic term.

2.The grounds for opposition shall be assessed in relation to the territory of [F12Great Britain, except that, in relation to paragraph 1(d), the grounds for opposition must be assessed in relation to the territory of the United Kingdom].

Textual Amendments

Article 11U.K.Register of protected designations of origin and protected geographical indications

1.The [F13Secretary of State must establish and maintain] a publicly accessible updated register of protected designations of origin and protected geographical indications recognised under this scheme.

2.Geographical indications pertaining to products of third countries that are protected in [F14Great Britain] under an international agreement to which the [F15United Kingdom] is a contracting party may be entered in the register. Unless specifically identified in the said agreement as protected designations of origin under this Regulation, such names shall be entered in the register as protected geographical indications. [F16The entry in the register is to be treated as taking effect:

(a)in a case where the register is established by the Secretary of State after IP completion day but before the end of the day following the day on which IP completion day falls and the entry is in the register as established during that period, on IP completion day;

(b)in any other case, immediately the entry is made.]

3.The [F17Secretary of State may make regulations] laying down detailed rules on the form and content of the register. F18...

4.The [F19Secretary of State] shall make public and regularly update the list of the international agreements referred to in paragraph 2 as well as the list of geographical indications protected under those agreements.

Textual Amendments

Article 12U.K.Names, symbols and indications

1.Protected designations of origin and protected geographical indications may be used by any operator marketing a product conforming to the corresponding specification.

2.F20... Symbols designed to publicise protected designations of origin and protected geographical indications shall be established.

3.In the case of products originating in [F21Great Britain] that are marketed [F22in Great Britain] under a protected designation of origin or a protected geographical indication [F23to which paragraph 3a applies], the F24... symbols associated with them shall appear on the labelling. In addition, the registered name of the product should appear in the same field of vision. The indications ‘protected designation of origin’ or ‘protected geographical indication’ or the corresponding abbreviations ‘PDO’ or ‘PGI’ may appear on the labelling.

[F253a.This paragraph applies to:

(a)an established protected designation of origin and an established protected geographical indication;

(b)a protected designation of origin and a protected geographical indication registered following a decision made by the Secretary of State under Article 52 in relation to an application made under Article 49(2).]

4.In addition, the following may also appear on the labelling: depictions of the geographical area of origin, as referred to in Article 5, and text, graphics or symbols referring to the [F26United Kingdom or the third country, or region, as relevant, in which that geographical area of origin is located].

5.Without prejudice to [F27Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, the collective geographical marks registered under the TMA] may be used on labels, together with the protected designation of origin or protected geographical indication.

6.In the case of products originating in [F28Northern Ireland or] third countries marketed under a name entered in the register, the indications referred to in paragraph 3 or the F29... symbols associated with them may appear on the labelling.

7.In order to ensure that the appropriate information is communicated to the consumer, the [F30Secretary of State may make regulations] establishing the F31... symbols.

The [F32Secretary of State may make regulations] defining the technical characteristics of the F33... symbols and indications as well as the rules of their use on the products marketed under a protected designation of origin or a protected geographical indication F34.... F35...

Textual Amendments

Article 13U.K.Protection

1.Registered names shall be protected against:

(a)any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits the reputation of the protected name, including when those products are used as an ingredient;

(b)any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’ or similar, including when those products are used as an ingredient;

(c)any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;

(d)any other practice liable to mislead the consumer as to the true origin of the product.

Where a protected designation of origin or a protected geographical indication contains within it the name of a product which is considered to be generic, the use of that generic name shall not be considered to be contrary to points (a) or (b) of the first subparagraph.

2.Protected designations of origin and protected geographical indications shall not become generic.

3.[F36The designated authority] shall take appropriate administrative and judicial steps to prevent or stop the unlawful use of protected designations of origin and protected geographical indications, as referred to in paragraph 1, that are produced or marketed in [F37Great Britain].

F38...

[F39The designated authority] shall offer adequate guarantees of objectivity and impartiality, and shall have at their disposal the qualified staff and resources necessary to carry out their functions.

Textual Amendments

Article 14U.K.Relations between trade marks, designations of origin and geographical indications

1.Where a designation of origin or a geographical indication is registered under this Regulation, the registration of a trade mark the use of which would contravene Article 13(1) and which relates to a product of the same type shall be refused if the application for registration of the trade mark is submitted after the date of submission of the registration application in respect of the designation of origin or the geographical indication to the [F40Secretary of State].

Trade marks registered in breach of the first subparagraph shall be invalidated.

The provisions of this paragraph shall apply notwithstanding the provisions of [F41the TMA].

2.Without prejudice to Article 6(4), a trade mark the use of which contravenes Article 13(1) which has been applied for, registered, or established by use F42..., in good faith within the territory of the [F43United Kingdom], before the date on which the application for protection of the designation of origin or geographical indication is submitted to the [F44Secretary of State], may continue to be used and renewed for that product notwithstanding the registration of a designation of origin or geographical indication, provided that no grounds for its invalidity or revocation exist [F45in, or under, the TMA]. In such cases, the use of the protected designation of origin or protected geographical indication shall be permitted as well as use of the relevant trade marks.

Textual Amendments

[F46Article 14aU.K.Transitional provisions: relations between trade marks, designations of origin and geographical indications

1.Unless paragraph 4 applies, an application to register a trade mark that was pending immediately before IP completion day or filed during the relevant period must be refused where, if the trade mark is registered, the use of the trade mark will contravene Article 13(1) in relation to a category A designation of origin or geographical indication.

2.Unless paragraph 4 applies, an application to register a trade mark that was pending immediately before IP completion day or filed during the relevant period must be refused where:

(a)if the trade mark is registered, the use of the trade mark will contravene Article 13(1) in relation to a category B designation of origin or geographical indication, and

(b)after the application for the trade mark is accepted but before the trade mark is registered:

(i)in the case of a type 3B designation of origin or geographical indication:

(aa)the international agreement referred to in paragraph (c) of column 2 of row 3 of the Types Table enters into force or the bridging arrangements referred to in that column are made, and

(bb)the entry into force of the international agreement or the making of the bridging arrangements is brought to the attention of the registrar before the trade mark is registered;

(ii)in the case of any other category B designation of origin or geographical indication:

(aa)the Secretary of State publishes an Article 52(4) approval notice relating to the designation of origin or geographical indication, and

(bb)the Article 52(4) approval notice is brought to the attention of the registrar before the trade mark is registered.

3.Where an application for a declaration of invalidity is made under the TMA (as applied by Article 14b(1) and modified by Article 14b(2)) in relation to the registration of a trade mark, the registration of the trade mark must be declared to be invalid, unless paragraph 4 applies, if:

(a)the application to register the trade mark was pending immediately before IP completion day or filed during the relevant period,

(b)the use of the trade mark contravenes, or will, if used, contravene, Article 13(1) in relation to a category B designation of origin or geographical indication, and

(c)in the case of a type 2B, 4B, 5B or 6B designation of origin or geographical indication, the Secretary of State publishes an Article 52(4) approval notice relating to the designation of origin or geographical indication on or after the day on which the trade mark application is accepted.

4.This paragraph applies where a column 5 date applies in relation to a category A or B designation of origin or geographical indication and, taking account of any priority claimed in respect of an application to register the trade mark referred to in paragraph 1, 2 or 3(a) (as relevant) and on the basis of the information available to the registrar, it appears to the registrar that the date of filing of the trade mark application is earlier than the column 5 date that applies to the relevant designation of origin or geographical indication.

5.As regards paragraphs 1 and 2, a column 5 date does not apply in relation to a type 3A, 4A or 5A designation of origin or geographical indication where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to the designation of origin or geographical indication provides that an application for a trade mark must be refused, regardless of when that application is filed, if the trade mark, if registered, will contravene a provision in the EUIA providing for the protection of the use of the designation of origin or geographical indication

6.As regards paragraph 3, a column 5 date does not apply in relation to a type 3B, 4B or 5B designation of origin or geographical indication where the EUIA referred to in paragraph (b) in column 2 of the row of the Types Table relating to the designation of origin or geographical indication provides that the registration of a trade mark must be invalidated if, regardless of when the application that resulted in the registration of the trade mark is filed, the use of the trade mark contravenes a provision in the EUIA providing for the protection of the use of the designation of origin or geographical indication.

7.Where a designation of origin or geographical indication falls within the definition of more than one type of designation of origin or geographical indication in Article 3a, the column 5 date to be taken into account for the purpose of paragraph 4 is the earliest of the column 5 dates for the relevant types of designation of origin or geographical indication.

8.In a case of a category A or B designation of origin or geographical indication that is not on Great Britain's PDOs and PGIs Register at the time an assessment is carried out under paragraph 1, 2 or 3, the name of the designation of origin or geographical indication is to be treated, for the purpose of the assessment, as having a registered name in determining whether the use of the trade mark will contravene Article 13(1) in relation to that designation of origin or geographical indication.

9.A trade mark that could be used in the United Kingdom under Article 14(2) of EU Regulation 1151/2012 immediately before IP completion day may continue to be used in Great Britain on and after IP completion day:

(a)notwithstanding that the use of the trade mark would contravene Article 13(1) of this Regulation in Great Britain in relation to a designation of origin or geographical indication registered by the Secretary of State under this Regulation;

(b)provided that no grounds for the invalidation or revocation of the trade mark exist in, or under, the TMA.

10.Nothing in this Regulation prevents a trade mark that could be renewed in the United Kingdom pursuant to Article 14(2) of EU Regulation 1151/2012 immediately before IP completion day from being renewed after IP completion day:

(a)notwithstanding that the use of the renewed trade mark would contravene Article 13(1) in Great Britain in relation to a designation of origin or geographical indication registered by the Secretary of State under this Regulation;

(b)provided that no grounds for the invalidation or revocation of the trade mark exist in, or under, the TMA.

11.Where paragraph 9 or 10 applies to the use or renewal of a trade mark, this does not affect the use of:

(a)a designation of origin or geographical indication entered on Great Britain's PDOs and PGIs Register by the Secretary of State under Article 11(2) or 14c(1);

(b)an established protected designation of origin or an established protected geographical indication entered on Great Britain's PDOs and PGIs Register pursuant to Article 16;

(c)a designation of origin or geographical indication entered on Great Britain's PDOs and PGIs Register following a decision by the Secretary of State to approve an application to register the designation of origin or geographical indication following an application submitted under Article 49.

12.In this Article:

(b)‘a category A designation of origin or geographical indication’ means a type 1, 2A, 3A, 4A, 5A or 6A designation of origin or geographical indication;

(c)‘a category B designation of origin or geographical indication’ means a type 2B, 3B, 4B, 5B or 6B designation of origin or geographical indication;

(d)‘column 5 date’, in relation to a designation of origin or geographical indication that is a category A or B designation of origin or geographical indication, means the date described in column 5 of the Types Table in the row relating to the relevant type of designation of origin or geographical indication;

(e)‘date of filing’:

(i)in the case of an EUTM-based trade mark application, means the filing date referred to in paragraph 25(2)(a)(i) of Schedule 2A to the TMA for the existing EUTM application;

(ii)in the case of an ITM-based trade mark application, means:

(aa)in the case of an application for the registration of a trade mark to which paragraph 28 of Schedule 2B to the TMA applies, the date referred to in paragraph 28(2)(a) of that Schedule for the existing ITM application or existing request for EU extension (as the case may be);

(bb)in the case of an application for the registration of a trade mark to which paragraph 29 of Schedule 2B to the TMA applies, the date referred to in paragraph 29(2)(a) of that Schedule for the existing ITM application or existing request for EU extension (as the case may be);

(iii)in any other case, has the meaning given by section 33 of the TMA;

(f)‘EUTM-based trade mark application’ means an application to register a trade mark to which paragraph 25(1) of Schedule 2A to the TMA applies that is made within the period specified in paragraph 25(2) of that Schedule;

(g)‘existing EUTM application’ has the same meaning as in paragraph 24 of Schedule 2A to the TMA;

(h)‘existing ITM application’ has the same meaning as in paragraph 27(1)(a) of Schedule 2B to the TMA;

(i)‘existing request for EU extension’ has the same meaning as in paragraph 27(1)(b) of Schedule 2B to the TMA;

(j)‘ITM-based trade mark application’ means an application to register a trade mark to which paragraph 28(1) or 29(1) of Schedule 2B to the TMA applies that is made within the period specified in paragraph 28(1)(c) or 29(1)(c) (as the case may be) of that Schedule;

(k)‘the registrar’ has the meaning given by section 62 of the TMA.

13.Any reference in this Article to:

(a)‘priority claimed in respect of an application’:

(i)in the case of an EUTM-based trade mark application, means any priority claimed in respect of the existing EUTM application referred to in paragraph 25(2)(a)(ii) of Schedule 2A to the TMA;

(ii)in the case of an ITM-based trade mark application, means any priority claimed in respect of the existing ITM application or the existing request for EU extension referred to in paragraph 28(2)(b) or 29(2)(b) (as the case may be) of Schedule 2B to the TMA;

(iii)in any other case, means any priority claimed in respect of the application pursuant to section 35 of the TMA;

(b)an application to register a trade mark that was ‘pending immediately before IP completion day’ is a reference to an application that was neither refused, nor resulted in the registration of the trade mark that is the subject of the application, before IP completion day;

(c)a trade mark includes a reference to:

(i)a collective mark as defined in section 49(1) of the TMA;

(ii)a certification mark as defined in section 50(1) of the TMA.]

Textual Amendments

[F46Article 14bU.K.Application and modification of trade mark provisions

1.For the purpose of Article 14a, the following provisions of the TMA apply, with the modifications, in the case of sections 47(3) and (5), 74(1), 76(1) and 77(1), specified in paragraph 2:

(a)subsections (3) to (5) and (6) of section 47 (invalidation of trade marks) in relation to an application to invalidate a trade mark referred to in Article 14a(3);

(b)section 72 (registration to be prima face evidence of validity);

(c)section 73 (certificate of validity of contested application);

(d)section 74 (registrar's appearance in proceedings involving the register of trade marks);

(e)section 75 (definition of ‘the court’);

(f)section 76 (appeals) except for subsection (5);

(g)section 77(1) (persons appointed to hear and determine appeals).

2.The modifications are:

(a)section 47 applies as if:

(i)in subsection (3), in the words before paragraph (a), after ‘invalidity’ there were inserted ‘made under this section, as applied by Article 14b(1) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs,’;

(ii)in subsection (5), for ‘grounds of invalidity exist’ there were substituted ‘ground for invalidity specified in Article 14a(3) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council exists’;

(b)section 74(1) applies as if, for the words from ‘for’ to ‘the registrar’ there were substituted ‘for a declaration of the invalidity of the registration of a trade mark, the registrar’;

(c)section 76(1) applies as if:

(i)in the first paragraph, for the words from ‘under’ to the end there were substituted ‘made under Article 14a of Regulation (EU) No 1151/2012 of the European Parliament and of the Council’;

(ii)the second paragraph were omitted;

(d)section 77(1) applies as if, at the end there were inserted ‘as applied by Article 14b(1) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council’.

3.In the case of the following proceedings, the rules made under section 68 or 69 of the TMA apply to those proceedings as they apply to proceedings involving an application of the type referred to in section 74(1)(b) of the TMA:

(a)an application to invalidate a trade mark referred to in Article 14a(3);

(b)an appeal to an appointed person from a decision of the registrar in relation to an application referred to in paragraph (a).]

Textual Amendments

[F47Article 14cU.K.Third Country designations of origin and geographical indications covered by bridging arrangements

1.A designation of origin or geographical indication to which paragraph 2 applies is, for the protection period, to be entered on Great Britain’s PDOs and PGIs Register.

2.This paragraph applies to a designation of origin or geographical indication which relates to a geographical area in a third country (‘C’) which:

(a)was, immediately before IP completion day, protected in the European Union under an EUIA to which the European Union and C were contracting parties, and

(b)is, before a qualifying international agreement enters into force, to be protected in Great Britain pursuant to any written arrangements made by the United Kingdom and C (“bridging arrangements”).

3.For the purposes of this Article, ‘the protection period’, in relation to a designation of origin or geographical indication, is the period for which:

(a)the relevant bridging arrangements have effect, or

(b)if only part of the relevant bridging arrangements relates to the designation of origin or geographical indication, that part has effect.

4.In this Article ‘qualifying international agreement’ means an international agreement between the United Kingdom and C, which has been initialled.]

Textual Amendments

[F47Article 14dU.K.Transitional provisions: relations between trade marks, designations of origin and geographical indications when bridging arrangements are in effect

1.Where a designation of origin or geographical indication is entered on Great Britain’s PDOs and PGIs Register under Article 14c, Articles 14a and 14b and Annex 1A apply for the purposes of determining:

(a)whether an application to register a trade mark which was pending before IP completion day or was made during the relevant period, must be refused, or

(b)if a relevant invalidity application was made, whether the registration of a trade mark must be declared invalid,

but subject to the general modifications specified in paragraphs 2 and 3 and any further modifications made by regulations (if any) (see paragraph 4).

2.The modifications mentioned in paragraph 1 are that Articles 14a and 14b and Annex 1A are to be read as if:

(a)in the case of a type A term, any reference to a type 3A designation of origin or geographical indication included a reference to a type A term;

(b)in the case of a type B term, any reference to a type 3B designation of origin or geographical indication included a reference to a type B term.

3.In addition, Article 14b and Annex 1A are to be read as if any reference to Article 14a included a reference to that Article as applied by this Article.

4.The Secretary of State may, by regulations, make such further modifications to Article 14a or 14b or Annex 1A as the Secretary of State considers necessary for the purpose of ensuring that the relative priorities afforded to designations of origin, geographical indications and trade marks before IP completion day continue to apply appropriately during the relevant period.

5.In this Article:

  • ‘relevant invalidity application’ means an application for a declaration of invalidity made under the TMA (as applied by Article 14b(1) and modified by Article 14b(2)) in relation to the registration of a trade mark;

  • ‘type A term’ means a designation of origin or geographical indication which:

    (i)

    immediately before the application to register a trade mark is accepted, is entered in Great Britain’s PDOs and PGIs Register under article 14c, or

    (ii)

    is not so entered when the application to register a trade mark is accepted, but is to be protected under bridging arrangements which come into effect before the application to register a trade mark is accepted;

  • ‘type B term’ means a designation of origin or geographical indication which is not entered in Great Britain’s PDOs and PGIs Register under article 14c when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to bridging arrangements made on or after the day on which the relevant trade mark application is accepted.]

Textual Amendments

Article 15U.K.Transitional periods for use of protected designations of origin and protected geographical indications

1.Without prejudice to Article 14, the [F48Secretary of State may, by regulations, make provision for a transitional period of up to five years to apply] to enable products F49... the designation of which consists of or contains a name that contravenes Article 13(1) to continue to use the designation under which it was marketed [F50if the Secretary of State is satisfied] that an admissible statement of opposition under F51... Article 51 shows that:

(a)the registration of the name would jeopardise the existence of an entirely or partly identical name; or

(b)such products have been legally marketed with that name in the territory concerned for at least five years preceding the date of the publication provided for point (a) of Article 50(2).

F52...

2.Without prejudice to Article 14, [F53an application may be made to the Secretary of State to extend the transitional period mentioned in paragraph 1 to 15 years in duly justified cases and the Secretary of State may, by regulations, make provision for such a transitional provision if the Secretary of State is satisfied] that:

(a)the designation referred to in paragraph 1 of this Article has been in legal use consistently and fairly for at least 25 years before the application for registration was submitted to the [F54Secretary of State];

(b)the purpose of using the designation referred to in paragraph 1 of this Article has not, at any time, been to profit from the reputation of the registered name and it is shown that the consumer has not been nor could have been misled as to the true origin of the product.

F55...

3.When using a designation referred to in paragraphs 1 and 2, the indication of country of origin shall clearly and visibly appear on the labelling.

4.To overcome temporary difficulties with the long-term objective of ensuring that all producers in the area concerned comply with the specification, [F56nothing in this Regulation prevents the Secretary of State from using any power the Secretary of State has to make regulations to provide for a transitional period of up to 10 years to apply], with effect from the date on which the application is lodged with the [F57Secretary of State], on condition that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least the five years prior to the lodging of the application F58... and have made that point in the F59... opposition procedure referred to in Article [F6051].

The first subparagraph shall apply mutatis mutandis to a protected geographical indication or protected designation of origin referring to a geographical area situated in a third country, with the exception of the opposition procedure.

Such transitional periods shall be indicated in the application [F61submitted under Article 8(1)].

Textual Amendments

Article 16U.K.Transitional provisions

1.[F62The Secretary of State must enter the names of established protected designations of origin and established protected geographical indications in] the register referred to in Article 11 of this Regulation. [F63The entries are to be treated as taking effect on IP completion day.] The corresponding specifications shall be deemed to be the specifications referred to in Article 7 of this Regulation. Any specific transitional provisions associated with such registrations [F64under EU Regulation 1151/2012, as they stood immediately before IP completion day,] shall continue to apply.

2.In order to protect the rights and legitimate interests of producers or stakeholders concerned, the [F65Secretary of State may make regulations] concerning additional transitional rules.

3.[F66In relation to established protected designations of origin and established protected geographical indications,] this Regulation shall apply without prejudice to any right of coexistence recognised under Regulation (EC) No 510/2006 [F67, as that Regulation had effect in Great Britain immediately before it was repealed by EU Regulation 1151/2012,] in respect of designations of origin and geographical indications, on the one hand, and trade marks, on the other.

[F684.Article 12(3) (which requires that the symbol associated with the marketing in Great Britain of a product originating in Great Britain must appear on the labelling of certain products) is disapplied in respect of a product to which it would otherwise apply, for a period of three years, beginning with the day after the day on which IP completion day falls, on condition that the product concerned is marketed under an established protected designation of origin or an established protected geographical indication.

5.In paragraph 1, in relation to an established protected designation of origin and an established protected geographical indication, ‘corresponding specifications’ means the product specification for the relevant designation of origin or geographical indication as the specification stood immediately before IP completion day.]

Textual Amendments

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