art_28__para_1

1. Without prejudice to Article 44, at the time of registration of the geographical indication, the Office may decide to grant a transitional period of up to five years to allow, for products originating in a Member State or a third country, the designation of which consists of or contains a name that is in breach of Article 40, the continued use of the designation under which they were marketed, provided that an admissible opposition, under Article 15 or 25, to the application for registration of the geographical indication of which the protection is contravened, has shown that: the registration of the geographical indication would jeopardise the existence of an identical or similar name used in the course of trade for the purposes of product designation; or such products have been legally marketed with that name for the purposes of product designation in the territory concerned for at least five years preceding the date of the publication of the application provided for in Article 22(7).

← Article 28 · All articles · (a) →

Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.