Article 9

Within six months from the date of publication in the Official Journal of the European Union provided for in the first subparagraph of Article 8(2), any Member State or third country may object to the registration proposed by lodging a duly substantiated statement with the Commission. Any natural or legal person having a legitimate interest, established or resident in a Member State other than that applying for the registration or in a third-country, may also object to the proposed registration by lodging a duly substantiated statement. In the case of natural or legal persons established or resident in a Member State, such statement shall be lodged with that Member State within a time-limit permitting an objection in accordance with paragraph 1. In the case of natural or legal persons established or resident in a third country, the statement shall be lodged with the Commission, either directly or via the authorities of the third country concerned, within the time-limit set in paragraph 1. Statements of objection shall be admissible only if they are received by the Commission within the time-limit set in paragraph 1 and if they show: non-compliance with the conditions referred to in Articles 2, 4 and 5; or in the case of an application under Article 13(2), that use of the name is lawful, renowned and economically significant for similar agricultural products or foodstuffs. The Commission shall check the admissibility of objections. The criteria referred to in the first subparagraph shall be evaluated in relation to the territory of the Community. If the Commission receives no admissible objection under paragraph 3, it shall register the name. The registration shall be published in the Official Journal of the European Union. If an objection is admissible under paragraph 3, the Commission shall invite the interested parties to engage in appropriate consultations. If the interested parties reach an agreement within six months they shall notify the Commission of all the factors which enabled that agreement to be reached, including the applicant's and the objector's opinions. If the details published in accordance with Article 8(2) have not been amended or have been amended in only a minor way, the Commission shall proceed in accordance with paragraph 4 of this Article. The Commission shall otherwise repeat the scrutiny referred to in Article 8(1). If no agreement is reached, the Commission shall take a decision in accordance with the procedure referred to in Article 18(2), having regard to fair and traditional usage and the actual likelihood of confusion. The decision shall be published in the Official Journal of the European Union. The documents referred to in this Article sent to the Commission shall be drafted in an official language of the institutions of the European Union or be accompanied by a certified translation in one of those languages.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-08 · Text as adopted (Official Journal); later amendments are not incorporated in this text.