Article 5 General requirementsF1
United Kingdom
Brands as referred to in Article 4 of Regulation (EU) No 1144/2014 shall be understood as trade-marks as defined in F2section 1 of the Trade Marks Act 1994.
Brands of promoted products of the proposing organisations shall only be visible during demonstrations and tastings.
The following definitions shall apply:
‘demonstrations’ means all means of demonstrating the merits of a product or a scheme to a prospective customer to encourage the purchase of the product during fairs or business-to-business events and on websites;
‘tastings’ means any activity where a product can be tasted by a prospective customer during fairs or business-to-business events and on point of sales.
Brands may also be visible on the information and promotional material displayed or distributed during demonstrations and tastings.
The proposing organisations displaying brands shall comply with the following conditions:
they shall justify in the programme application why the mention of brands is necessary to meet the objectives of the campaign and confirm that the display of brands is limited to demonstrations and tastings;
they shall keep evidence that all members of the proposing organisation concerned have been given an equal opportunity to display their brands;
they shall ensure that:
- (i)
brands are displayed together in an equally visible manner, in an area separate from that devoted to theF3main message of the programme; - (ii)
the display of brands does not weaken themain message of the programme; - (iii)
themain message of the programmeis not obscured by the display of branded material such as pictures, colours, symbols; - (iv)
the display of brands is limited to visual material excluding gadgets and mascots, in a smaller format than themain message of the programme. No mention of brands shall be made in audio material.
Annotations
Textual amendments
- F1
Regulation revoked (E.W.S.) (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 2 (with s. 1(3)(4)) (as amended by S.I. 2023/1143, regs. 2(2), 3(3), 4, Sch. 1 Pt. 3); S.I. 2023/1363, reg. 2
- F2
Words in Art. 5(1) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 4(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in art. 5(4)(c)(i)-(iv) substituted (31.12.2020) by The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 4(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
Notes on Chapter II
Textual amendments
- F2
Words in Ch. 2 heading omitted (31.12.2020) by virtue of The Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/823), regs. 1, 4(3); 2020 c. 1, Sch. 5 para. 1(1)