CHAPTER IIITRADITIONAL TERMS
SECTION 3Protection
Article 32Relationship with trade marks
1.
The registration of a trade mark that contains or consists of a traditional term which does not respect the definition and conditions of use of that traditional term as referred to in Article 112 of Regulation (EU) No 1308/2013, and that relates to a product falling under one of the categories listed in Part II of Annex VII thereto shall be:
(a)
refused if the application for registration of the trade mark is submitted after the date of submission of the application for protection of the traditional term to the F1Secretary of State and the traditional term is subsequently protected; or
(b)
invalidated.
2.
A name shall not be protected as a traditional term where, in the light of a trade mark's reputation and renown, such protection is liable to mislead the consumer as to the true identity, nature, characteristic or quality of the grapevine product.
3.
Without prejudice to paragraph 2, a trade mark referred to in paragraph 1 which has been applied for, registered or established by use in good faith, F2... in the territory of the F3United Kingdom, prior to the date of protection of the traditional term in the country of origin, may continue to be used and renewed notwithstanding the protection of a traditional term, provided that no grounds for the trade mark's invalidity or revocation exist F4in, or under, the TMA.
In such cases, the use of the traditional term shall be permitted alongside the relevant trade marks.