Article 28 Grounds for opposition
United Kingdom
A reasoned statement of opposition as referred to in Article 27(2) shall be admissible only if it is received by the F1Secretary of State within the time limit set out in that Article and if it shows that:
the proposed geographical indication does not comply with the definition in point (4) of Article 3 or with the requirements referred to in Article 22;
the registration of the proposed geographical indication would be contrary to Article 34 or 35;
the registration of the proposed geographical indication would jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication provided for in Article 26(2); or
the requirements referred to in Articles 31 and 32 are not complied with.
The grounds for opposition shall be assessed in relation to the territory of F2Great Britain, except that, in relation to paragraph 1(b) as it relates to Article 35(1), the opposition must be assessed in relation to the territory of the United Kingdom.
Annotations
Textual amendments
- F1
Words in Art. 28(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), 28(18)(a)
- F2
Words in Art. 28(2) substituted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(18)(b)