# Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91, Article 18: Grounds for refusal of protection

Extent: E+W+S+N.I.

1. 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 United Kingdom.
To establish whether or not a name has become generic, account shall be taken of all relevant factors, in particular:
(a) the existing situation in the United Kingdom, notably in areas of consumption;
(b) the relevant ... law.
2. 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.
3. In this Article, ‘the relevant law’ means the following legislation whenever passed or made:
(a) an Act and an enactment contained in any Order in Council, order, rules, regulations or other instrument made under an Act;
(b) assimilated direct legislation;
(c) 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;
(d) an Act of the Scottish Parliament and an enactment contained in an instrument made under an Act of the Scottish Parliament;
(e) a Measure or Act of Senedd Cymru and an enactment contained in an instrument made under a Measure or Act of Senedd Cymru.

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Source: https://www.legislation.gov.uk/eur/2014/251/article/18 (the official version)
Page: https://openlegislation.uk/eu-regulation-2014-251/article-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.