CHAPTER III

TRADITIONAL TERMS
SECTION 4

Protection

General protection
Article 40
1
If an application satisfies the conditions laid down in Article 54(1) of Regulation (EC) No 479/2008 and in Articles 31 and 35 and is not rejected under Articles 38 and 39, the traditional term shall be listed in Annex XII to this Regulation.
2
The traditional terms listed in Annex XII, are protected only in the language and for the categories of grapevine products claimed in the application, against:
a
any misuse even if the protected term is accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;
b
any other false or misleading indication as to the nature, characteristics or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to it;
c
any other practice liable to mislead the consumer, in particular to give the impression that the wine qualifies for the protected traditional term.