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Regulation (EU) No 1151/2012 of the European Parliament and of the CouncilShow full title
Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs
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Article 6U.K.Generic nature, conflicts with names of plant varieties and animal breeds, with homonyms and trade marks
1.Generic terms shall not be registered as protected designations of origin or protected geographical indications.
2.A name may not be registered as a designation of origin or geographical indication where it conflicts with a name of a plant variety or an animal breed and is likely to mislead the consumer as to the true origin of the product.
3.A name proposed for registration that is wholly or partially homonymous with a name already entered in the register established under Article 11 may not be registered unless there is sufficient distinction in practice between the conditions of local and traditional usage and presentation of the homonym registered subsequently and the name already entered in the register, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled.
A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the products in question is concerned.
4.A name proposed for registration as a designation of origin or geographical indication shall not be registered where, [F1the name proposed is likely to cause confusion with a trade mark that is, on the date on which the application for protection of the designation of origin or geographical indication is submitted to the Secretary of State:
(a)the subject of a good faith pending application for registration,
(b)the subject of a good faith registration, or
(c)established by use,
within the territory of the United Kingdom.]
Textual Amendments
F1Words in Art. 6(4) substituted (coming into force in accordance with s. 7(1) of the amending Act) by Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024 (c. 6), s. 4(3) (with s. 4(10))
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