Relationship between geographical indications and trade marks

1.   An application for the registration of a trade mark, the use of which would be contrary to Article 40, shall be rejected if it is submitted after the date on which the application for the registration of the geographical indication has been submitted to the Office. Where applicable, any priority claimed in the application for the registration of the trade mark shall be taken into account.
2.   An application for the registration of a geographical indication shall be rejected where, in the light of a trade mark with a reputation or a well-known mark, the name proposed as a geographical indication would be liable to mislead the consumer as to the true identity of the product.
3.   The Office and, where applicable, the national competent authorities shall, upon request, invalidate trade marks registered in breach of paragraph 1.
4.   Without prejudice to paragraph 3 of this Article, a trade mark, the use of which is contrary to Article 40 of this Regulation, which has been applied for, registered, or established by use in good faith within the Union, if that possibility is provided for by the applicable law, before the date on which the application for registration of the geographical indication is submitted to the Office, may continue to be used and renewed notwithstanding the registration of the geographical indication, provided that no grounds for invalidity or revocation of the trade mark exist under Directive (EU) 2015/2436 of the European Parliament and of the Council
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or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication and of the relevant trade mark shall be permitted.
5.   Guarantee or certification marks referred to in Article 28(4) of Directive (EU) 2015/2436 and in Article 83 of Regulation (EU) 2017/1001, and collective marks referred to in Article 29(3) of Directive (EU) 2015/2436 and in Article 74 of Regulation (EU) 2017/1001, may be used on labels and packaging, together with the geographical indication.