Commission Delegated Regulation (EU) 2019/33Show full title

Article 11 Admissibility and grounds of objection

1. For the purposes of Article 98 of Regulation (EU) No 1308/2013 a substantiated statement of objection shall be admissible where:

(a) it is received by the Commission within the deadline set out in Article 98 of Regulation (EU) No 1308/2013;

(b) it complies with the requirements set out in Article 8(1) of Implementing Regulation (EU) 2019/34;

and:

(c) it shows that the application for protection or amendment to the product specification or for cancellation of the protection is incompatible with the rules on designations of origin and geographical indications because:

(i)

it would conflict with Articles 92 to 95, 105 or 106 of Regulation (EU) No 1308/2013 and with the provisions adopted pursuant thereto;

(ii)

the registration of the proposed name would conflict with Article 100 or 101 of Regulation (EU) No 1308/2013;

(iii)

the registration of the proposed name would jeopardise the rights of a trade mark holder or of a user of a fully homonymous name or of a compound name, one term of which is identical to the name to be registered, or the existence of partially homonymous names or of other names similar to the name to be registered which refer to grapevine products which have been legally on the market for at least five years preceding the date of the publication provided for in Article 97(3) of Regulation (EU) No 1308/2013.

The grounds of objection shall be assessed in relation to the territory of the Union.

Where an objection is filed by a natural or legal person, the duly substantiated statement of objection shall be admissible only if it shows the legitimate interest of the objector.

2. Where the Commission considers that the objection is inadmissible, it shall inform the authority or natural or legal person that objected of the reasons grounding the finding of inadmissibility.