1. A name that has become generic shall not be protected as a designation of origin or a geographical indication.
For the purposes of this Section, a "name that has become generic" means the name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the Union.
To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular:
(a)
the existing situation in the Union, notably in areas of consumption;
(b)
the relevant Union or national law.
2. A name shall not be protected as a designation of origin or geographical indication where, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine.