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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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- Revised 14/12/20190.46 MB
- Revised 03/01/20130.39 MB
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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 [F1Secretary 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 [F2the 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 F3..., in good faith within the territory of the [F4United Kingdom], before the date on which the application for protection of the designation of origin or geographical indication is submitted to the [F5Secretary 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 [F6in, 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
F1Words in Art. 14(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(15)(a)(i)
F2Words in Art. 14(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(15)(a)(ii)
F3Words in Art. 14(2) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(15)(b)(i)
F4Words in Art. 14(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(15)(b)(ii)
F5Words in Art. 14(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(15)(b)(iii)
F6Words in Art. 14(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(15)(b)(iv)
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