National opposition procedure

1.   Following the examination referred to in Article 14(1), the competent authority shall conduct a national opposition procedure. That procedure shall provide for the publication of the application and for a period of at least two months from the date of publication, within which any person having a legitimate interest and established or resident in the Member State in charge of the national phase of the registration or in the Member States in which the product concerned originates (‘national opponent’) may submit to the competent authority an opposition to the application. Member States shall establish the detailed arrangements for such opposition procedure.
2.   Where the competent authority considers the opposition to be admissible, it shall, within two months of receipt of the opposition, invite the national opponent and the applicant to engage in consultations, for a reasonable period not exceeding three months, with a view to reaching a friendly settlement. At any time during that period, the competent authority may, at the joint request of the national opponent and the applicant, extend that period by a maximum of three months. The outcome of such consultations, including any agreed modifications to the application, shall be communicated to the competent authority by the applicant.
3.   An opposition shall be based on one or more of the following grounds:
(a)
the proposed geographical indication does not comply with the requirements for protection laid down in this Regulation;
(b)
the registration of the proposed geographical indication would be contrary to Article 42 or 43, or Article 44(2); or
(c)
the registration of the proposed geographical indication would jeopardise the existence of an identical or similar name used in the course of trade or of a trade mark, or the existence of products that have been legally on the market for at least five years preceding the date of the publication provided for in paragraph 1.