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Commission Implementing Regulation (EU) 2019/34Show full title
Commission Implementing Regulation (EU) 2019/34 of 17 October 2018 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks
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Article 8Procedural rules for objections
1.A substantiated statement of objection as referred to in Article 98 of Regulation (EU) No 1308/2013 and Article 11(1) of Delegated Regulation (EU) 2019/33 shall contain:
(a)the reference to the name published in the Official Journal of the European Union, L series to which the objection relates;
(b)the name and contact details of the authority or person that lodged the objection;
(c)a description of the legitimate interest of the natural or legal person that lodged the objection, with the exclusion of national authorities having legal personality in the national legal order;
(d)an indication of the grounds for objection, as referred to in Article 11(1) of Delegated Regulation (EU) 2019/33;
(e)the details of the facts, evidence and comments in support of the objection.
It may be accompanied by supporting documents, where relevant.
If the objection is based on the existence of an earlier trade mark of reputation and renown, the objection shall be accompanied by:
(a)proof of the filing or the registration of the earlier trade mark or proof of its use; and
(b)proof of its reputation and renown.
The information and evidence to be produced in support of the use of an earlier trade mark shall comprise particulars of the location, duration, extent and nature of the use made of the earlier trade mark, and of its reputation and renown.
A substantiated statement of objection shall be drawn up in accordance with the form set out in Annex II.
2.The period of three months referred to in Article 12(1) of Delegated Regulation (EU) 2019/33 shall commence on the date on which the invitation to engage in consultations is delivered to the interested parties by electronic means.
3.The Commission shall be notified of the results of the consultations referred to in Article 12(3) and (4) of Delegated Regulation (EU) 2019/33 within one month from the end of the consultations in accordance with the form set out in Annex III to this Regulation.
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