Article 101 Additional grounds for refusal of protection
United Kingdom
A name that has become generic F1in the United Kingdom shall not be protected F2in Great Britain as a designation of origin or a geographical indication.
For the purposes of this Section, a "name that has become generic" means the name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine F3... F4in the United Kingdom.
To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular:
the existing situation F5..., notably in areas of consumption;
the relevant F6... law.
A name shall not be protected as a designation of origin or geographical indication where, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine.
Annotations
Textual amendments
- F1
Words in Art. 101(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1453), regs. 1(2)(a), 4(5)
- F2
Words in Art. 101(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(7)(a)
- F3
Words in Art. 101(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 38(a); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 101(1) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 3(7)(b)
- F5
Words in Art. 101(1)(a) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 38(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Words in Art. 101(1)(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc.) (EU Exit) Regulations 2019 (S.I. 2019/821), regs. 1, 38(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)