1.

Names that have become generic may not be registered. For the purposes of this Regulation, a 'name that has become generic` means the name of an agricultural product or a foodstuff which, although it relates to the place or the region where this product or foodstuff was originally produced or marketed, has become the common name of an agricultural product or a foodstuff. To establish whether or not a name has become generic, account shall be taken of all factors, in particular: the existing situation in the Member State in which the name originates and in areas of consumption, the existing situation in other Member States, the relevant national or Community laws. Where, following the procedure laid down in Articles 6 and 7, an application of registration is rejected because a name has become generic, the Commission shall publish that decision in the Official Journal of the European Communities.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-09 · Text as adopted (Official Journal); later amendments are not incorporated in this text.