Recital 42

(42) While trade marks and geographical indications differ in nature and purpose, the relationship between them should be clarified in relation to criteria for the rejection of trade mark applications, the invalidation of trade marks and the coexistence of trade marks and geographical indications. The protection of geographical indications needs to be balanced against the protection of trade marks with a reputation and of well-known marks, in particular in light of the fundamental right to property as set out in Article 17 of the Charter, as well as the obligations resulting from international law. When assessing the relationship between a geographical indication and a trade mark, any continuity of the protection of a geographical indication established by registration or usage in a Member State, where the geographical indication has become subject to Union protection in accordance with this Regulation, and any priority claimed in relation to a trade mark application, should be taken into account.

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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.