CHAPTER III

TRADITIONAL TERMS
SECTION 2

Examination procedure

Conditions of validity
Article 35
1
The recognition of a traditional term shall be accepted if:
a
it fulfils the definition as laid down in Article 54(1)(a) or (b) of Regulation (EC) No 479/2008 and the conditions laid down in Article 31 of this Regulation;
b
the term exclusively consists of either:
1. a name traditionally used in commerce in a large part of the territory of the Community or of the third country concerned, to distinguish specific categories of grapevine products referred to in Article 33(1) of Regulation (EC) No 479/2008; or
2. a reputed name traditionally used in commerce in at least the territory of the Member State or third country concerned, to distinguish specific categories of grapevine products referred to in Article 33(1) of Regulation (EC) No 479/2008;
c
the term shall:
1. not be generic;
2. be defined and regulated in the Member State's legislation; or
3. be subject to conditions of use as provided for by rules applicable to wine producers in the third country concerned, including those emanating from representative professional organisations.
2
For the purpose of paragraph (1), point (b), traditional use means:
a
at least five years in case of terms filed in language(s) referred to in Article 31(a) of this Regulation;
b
at least 15 years in case of terms filed in a language referred to in Article 31(b) of this Regulation.
3
For the purpose of paragraph (1), point (c)(i), ‘generic’ means the name of a traditional term although it relates to a specific production method or ageing method, or the quality, colour, type of place, or a particular linked to the history of a grapevine product, has become the common name of the grapevine product in question in the Community.
4
The condition listed in paragraph 1(b) of this Article does not apply to traditional terms referred to in Article 54(1)(a) to Regulation (EC) No 479/2008.