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art_44__para_4

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 (25) or Regulation (EU) 2017/1001. In such cases, the use of the geographical indication and of the relevant trade mark shall be permitted.

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