Article 18 Grounds for refusal of protection
United Kingdom
Names that have become generic shall not be protected as a geographical indication.
For the purposes of this Chapter, a ‘name that has become generic’ means the name of an aromatised wine product which, although relating to the place or the region where this product was originally produced or placed on the market, has become the common name of an aromatised wine product in the F1United Kingdom.
To establish whether or not a name has become generic, account shall be taken of all relevant factors, in particular:
the existing situation in the F2United Kingdom, notably in areas of consumption;
the relevant F3... law.
A name shall not be protected as a geographical indication where, in the light of a trademark’s reputation and renown, protection is liable to mislead the consumer as to the true identity of the aromatised wine product.
In this Article, ‘the relevant law’ means the following legislation whenever passed or made:
an Act and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act;
F5assimilated direct legislation;
Northern Ireland legislation, an enactment contained in an instrument made under Northern Ireland legislation, and, so far as it applies to Northern Ireland, anything that forms part of domestic law by virtue of section 7A of the EUWA and the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;
an Act of the Scottish Parliament and an enactment contained in an instrument made under an Act of the Scottish Parliament;
a Measure or Act of Senedd Cymru and an enactment contained in an instrument made under a Measure or Act of Senedd Cymru.
Annotations
Textual amendments
- F1
Words in Art. 18(1) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 21(16)(a)(i)
- F2
Words in Art. 18(1)(a) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 21(16)(a)(ii)(aa)
- F3
Words in Art. 18(1)(b) omitted (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 21(16)(a)(ii)(bb)
- F4
Art. 18(3) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 21(16)(b)
- F5
Words in Art. 18(3)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 108(3)(b)