CHAPTER III

TRADITIONAL TERMS
SECTION 2

Objection procedure

Submission of an objection
Article 29
The date of submission of an objection shall be the date on which the objection is received by the Secretary of State.

Admissibility and grounds of objection
Article 30
1
A substantiated objection shall be admissible where:
a
it is submitted by any ... third country, or any natural or legal person having a legitimate interest;
b
it is received by the Secretary of State within the deadline provided for in Article 22(1) of Implementing Regulation (EU) 2019/34;
c
it demonstrates that the application for protection is incompatible with the rules on traditional terms because it does not comply with Article 27 of this Regulation or because the registration of the name proposed would conflict with Article 32 or 33 of this Regulation.
2
An objection that is deemed admissible shall be notified to the applicant, or, in the case of an application submitted by a third country authority, that authority.

Scrutiny of an objection
Article 31
1
Where the Secretary of State does not reject the objection in accordance with Article 23(3) of Implementing Regulation (EU) 2019/34, the Secretary of State shall communicate the objection to the applicant that submitted the application and shall invite the applicant to file observations within the time period referred to in Article 24(1) of Implementing Regulation (EU) 2019/34. Any observations received within this period shall be communicated to the objector.
In the course of the Secretary of State's scrutiny of an objection, the Secretary of State shall request the parties to provide comments, if appropriate, within the time period referred to in Article 24(2) of Implementing Regulation (EU) 2019/34, on the communications received from the other parties.
2
Where the applicant or the objector do not file any observations in response, or where the time periods for filing observations and for submitting comments referred to in Article 24 of Implementing Regulation (EU) 2019/34 are not respected, the Secretary of State shall proceed to rule on the objection.
3
A decision to reject or recognise the traditional term in question shall be taken by the Secretary of State on the basis of the evidence available to the Secretary of State. The Secretary of State shall consider whether the conditions referred to or laid down in Articles 27, 32 or 33 of this Regulation are fulfilled. ...
3a
After making a decision about the application, the Secretary of State must publish in such manner as appears appropriate to the Secretary of State a notice:
a
informing the applicant, any objector and the public of the decision made in relation to the application and the reasons for that decision, and
b
providing information about the right to appeal under Article 39a against the decision and the period within which an appeal may be made.
4
Where multiple objections are lodged, a preliminary examination of one or more such objections may prevent an application for protection from proceeding. In these circumstances, the Secretary of State may suspend the other objection procedures. The Secretary of State shall inform the other objectors of any decision affecting them which was taken in the course of the procedure.
Where an application is rejected, objection procedures which have been suspended shall be deemed to be closed and the objectors concerned shall be duly informed.
Words in Art. 29 substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(27)
Words in Art. 30(1)(a) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(28)(a)(i)
Words in Art. 30(1)(b) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(28)(a)(ii)
Words in Art. 30(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(28)(b)
Art. 31(3a) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(d)
Words in Art. 31(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(a)(i)(aa)
Words in Art. 31(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(a)(i)(bb)
Words in Art. 31(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(a)(ii)(aa)
Words in Art. 31(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(a)(ii)(bb)
Words in Art. 31(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(b)
Words in Art. 31(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(c)(i)
Words in Art. 31(3) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(c)(ii)
Words in Art. 31(3) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(c)(iii)
Words in Art. 31(4) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(29)(e)