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Commission Implementing Regulation (EU) 2019/34Show full title
Commission Implementing Regulation (EU) 2019/34 of 17 October 2018 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, amendments to product specifications, the register of protected names, cancellation of protection and use of symbols, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards an appropriate system of checks
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SECTION 2U.K.Objection procedure
Article 22U.K.Submission of an objection
1.A [F1third country] or any natural or legal person having a legitimate interest may submit an objection to the application for protection of a traditional term within two months of the date [F2on which the Secretary of State publishes the application under] Article 28(3) of Delegated Regulation (EU) 2019/33.
2.An objection shall be communicated to the [F3Secretary of State] in accordance with Article 30(3).
Textual Amendments
F1Words in Art. 22(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), 27(24)(a)(i)
F2Words in Art. 22(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), 27(24)(a)(ii)
F3Words in Art. 22(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), 27(24)(b)
Article 23U.K.Documents supporting an objection
1.A duly substantiated objection shall contain details of the facts, evidence and comments submitted in support of the objection, accompanied by the relevant supporting documents.
2.If the objection is based on the existence of an earlier trade mark of reputation and renown, the objection shall be accompanied by:
(a)proof of the filing or the registration of the earlier trade mark or proof of its use; and
(b)proof of its reputation and renown.
The information and evidence to be produced in support of the use of an earlier trade mark shall comprise particulars of the location, duration, extent and nature of the use made of the earlier trade mark, and of its reputation and renown.
3.If the details of the prior right(s) claimed, ground(s), facts, evidence or comments, or the supporting documents, referred to in paragraphs 1 and 2, have not been produced at the date of submission of the objection or if details or documents are missing, the [F4Secretary of State] shall inform the authority or person that lodged the objection accordingly and shall invite them to remedy the deficiencies noted within a period of two months. If the deficiencies are not remedied before the time limit expires, the [F4Secretary of State] shall reject the objection as inadmissible. The decision to reject the objection as inadmissible shall be notified to the authority or person that lodged the objection and to F5... the third-country authorities or the representative professional organisation F6....
Textual Amendments
F4Words in Art. 23(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), 27(25)(a)
F5Words in Art. 23(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), 27(25)(b)
F6Words in Art. 23(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), 27(25)(c)
Article 24U.K.Submission of observations by the parties
1.Where the [F7Secretary of State] communicates an objection which is not rejected in accordance with Article 23(3) to the applicant that submitted the application for protection, the applicant shall file observations within a period of two months from the issuance date of such communication.
2.Where so requested by the [F8Secretary of State] in the course of [F9the Secretary of State's] scrutiny of an objection, the parties shall provide comments on the communications received from the other parties, if appropriate, within a period of two months from the issuance date of such request.
Textual Amendments
F7Words in Art. 24(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), 27(26)(a)
F8Words in Art. 24(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), 27(26)(b)(i)
F9Words in Art. 24(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), 27(26)(b)(ii)
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