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Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005, (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999 (repealed)
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1.Names that have become generic shall not be protected as a designation of origin or geographical indication.
For the purposes of this Chapter, a ‘name that has become generic’ means the name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the Community.
To establish whether or not a name has become generic, account shall be taken of all relevant factors, in particular:
(a)the existing situation in the Community, notably in areas of consumption;
(b)the relevant national or Community legal provisions.
2.A name shall not be protected as a designation of origin or geographical indication where, in the light of a trademark's reputation and renown, protection is liable to mislead the consumer as to the true identity of the wine.
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