Part 3 Types of designation of origin and geographical indication (the Types Table)F1

1. In the case of a designation of origin or geographical indication that was protected under Article 118s(1) or (5) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), whichever is the later of:

(a) the date on which the designation of origin or geographical indication application was first protected in the country in which the geographical area covered by the designation of origin or geographical indication is situated, or

(b) 1st January 1996.

2. In the case of a designation of origin or geographical indication that was not automatically protected under Article 118s of Regulation (EC) No 1234/2007, the date on which the application that resulted in the first registration of the designation of origin or geographical indication was submitted to the European Commission under the relevant pre-IP completion day legislation.

A designation of origin or geographical indication that:

(a) relates to a geographical area in a third country,

(b) was protected in the European Union immediately before IP completion day pursuant to an EUIA to which the European Union and the third country were contracting parties, and

(c) must be protected in Great Britain pursuant to—

(i) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or

(ii) bridging arrangements between the United Kingdom and the third country made,

during the relevant period.

1. A designation of origin or geographical indication that is on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused and is entered on that register pursuant to Article 102c(1) or the second sentence of Article 104.

2. A designation of origin or geographical indication that is not on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused but must be protected in Great Britain pursuant to—

(a) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or

(b) bridging arrangements between the United Kingdom and the third country made,

before the day on which the paragraph 1 trade mark application is accepted or refused.

A designation of origin or geographical indication that is not on Great Britain’s PDOs and PGIs Register when the relevant trade mark application is accepted but must be protected in Great Britain pursuant to—

(a) an international agreement to which the United Kingdom and the third country are contracting parties that enters into force, or

(b) bridging arrangements between the United Kingdom and the third country made,

on or after the day on which the relevant trade mark application is accepted

A designation of origin or geographical indication that:

(a) relates to a geographical area in a third country, and

(b) was protected in the European Union immediately before IP completion day pursuant to an EUIA to which the European Union and the third country were contracting parties.

1. A designation of origin or geographical indication that is on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused and is entered on that register following the approval of an application to register the designation of origin or geographical indication submitted to the Secretary of State under Article 95(1A), or Article 3 of Commission Implementing Regulation (EU) 2019/34, during the relevant period.

2. A designation of origin or geographical indication:

(a) that is not on Great Britain’s PDOs and PGIs Register before the day on which the paragraph 1 trade mark application is accepted or refused,

(b) for which an application to register the designation of origin or geographical indication is submitted to the Secretary of State under Article 95(1A), or Article 3 of Commission Implementing Regulation (EU) 2019/34, during the relevant period, and

(c) for which an Article 99 approval notice relating to the application is published before the day on which paragraph 1 trade mark application is accepted or refused.

A designation of origin or geographical indication:

(a) that is not on Great Britain’s PDOs and PGIs Register when the relevant trade mark application is accepted, and

(b) for which an application to register the designation of origin or geographical indication is submitted to the Secretary of State under Article 3 of Commission Implementing Regulation (EU) 2019/34 during the relevant period and that application:

(i) is not submitted before the relevant trade mark application is accepted, or

(ii) is submitted before the relevant trade mark application is accepted but for which an Article 99 notice relating to the application to register the designation of origin or geographical indication is not published before the relevant trade mark application is accepted.

A designation of origin or geographical indication:

(a) that relates to a geographical area in a third country,

(b) for which an assessment relating to the protection of the designation of origin or geographical indication was being carried out, or a request for protection, or an application for assessment for protection, was submitted, before IP completion day in respect of the designation of origin or geographical indication under an EUIA, and

(c) for which no decision was made pursuant to the EUIA before IP completion day as to whether the designation of origin or geographical indication should be protected in the European Union.

A designation of origin or geographical indication:

(a) that relates to a geographical area in a third country, and

(b) for which an application to register the designation of origin or geographical indication was submitted to the European Commission under Article 3 of Regulation 607/2009, or Article 3 of EU Regulation 2019/34, before IP completion day that was neither refused nor resulted in the registration of the designation of origin or geographical indication on the European Commission’s PDOs and PGIs Register before IP completion day.