Article 35 Specific grounds for refusal of protection

United Kingdom

(1).

A generic name shall not be protected as a geographical indication.

To establish whether or not a name has become a generic name, account shall be taken of all relevant factors, in particular:

(a)

the existing situation in F1Great Britain, in particular in areas of consumption;

(b)

the relevant F2... legislation.

(2).

A name shall not be protected as a geographical indication where, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the spirit drink.

(3).

A name shall only be protected as a geographical indication if the production steps which give the spirit drink the quality, reputation or other characteristic that is essentially attributable to its geographical origin, take place in the relevant geographical area.

(F34).

In this Article, ‘the relevant legislation’ 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))

F4assimilated 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.

Annotations

Textual amendments

F1: Words in Art. 35(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), 28(24)(a)(i)
F2: Words in Art. 35(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), 28(24)(a)(ii)
F3: Art. 35(4) inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 28(24)(b)
F4: Words in Art. 35(4)(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. 130(2)