Commission Implementing Regulation (EU) 2015/1831Show full title

Article 5 General requirements

1. Brands as referred to in Article 4 of Regulation (EU) No 1144/2014 shall be understood as trade-marks as defined in Articles 4 and 66 of Council Regulation (EC) No 207/2009(1) or in Article 2 of Directive 2008/95/EC of the European Parliament and of the Council(2).

2. Brands of promoted products of the proposing organisations shall only be visible during demonstrations and tastings.

The following definitions shall apply:

(a) ‘demonstrations’ means all means of demonstrating the merits of a product or a scheme to a prospective customer to encourage the purchase of the product during fairs or business-to-business events and on websites;

(b) ‘tastings’ means any activity where a product can be tasted by a prospective customer during fairs or business-to-business events and on point of sales.

3. Brands may also be visible on the information and promotional material displayed or distributed during demonstrations and tastings.

4. The proposing organisations displaying brands shall comply with the following conditions:

(a) they shall justify in the programme application why the mention of brands is necessary to meet the objectives of the campaign and confirm that the display of brands is limited to demonstrations and tastings;

(b) they shall keep evidence that all members of the proposing organisation concerned have been given an equal opportunity to display their brands;

(c) they shall ensure that:

(i)

brands are displayed together in an equally visible manner, in an area separate from that devoted to the main Union message;

(ii)

the display of brands does not weaken the main Union message;

(iii)

the main Union message is not obscured by the display of branded material such as pictures, colours, symbols;

(iv)

the display of brands is limited to visual material excluding gadgets and mascots, in a smaller format than the main Union message. No mention of brands shall be made in audio material.

(1)

Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ L 78, 24.3.2009, p. 1).

(2)

Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ L 299, 8.11.2008, p. 25).