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Home Food & Health Safety PDO/PGI Quality Schemes Regulation

Article 10

Grounds for opposition

1.   A reasoned statement of opposition as referred to in Article 51(2) shall be admissible only if it is received by the Commission within the time limit set out in that paragraph and if it:

(a)

shows that the conditions referred to in Article 5 and Article 7(1) are not complied with;

(b)

shows that the registration of the name proposed would be contrary to Article 6(2), (3) or (4);

(c)

shows that the registration of the name proposed would jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication provided for in point (a) of Article 50(2); or

(d)

gives details from which it can be concluded that the name for which registration is requested is a generic term.

2.   The grounds for opposition shall be assessed in relation to the territory of the Union.

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