Article 19 Relationship with trademarks

Where a geographical indication is protected under this Regulation, the registration of a trademark the use of which falls under Article 20(2) and relating to an aromatised wine product shall be refused if the application for registration of the trademark is submitted after the date of submission of the application for protection of the geographical indication to the F1Secretary of State and the geographical indication is subsequently protected.

Trademarks registered in breach of the first subparagraph shall be invalidated.

Without prejudice to Article 17(2), a trademark the use of which falls under Article 20(2), which has been applied for, registered or established by use, F2in the United Kingdom before the date on which the application for protection of the geographical indication is submitted to the F3Secretary of State, may continue to be used and renewed notwithstanding the protection of a geographical indication, provided that no grounds for the trademark’s invalidity or revocation exist as specified F4in, or under, the TMA.

In such cases the use of the geographical indication shall be permitted alongside the relevant trademarks.