in force 2021-12-07 MODIFIED+931 −856§
Amended by Regulation (EU) 2021/2117 32021R2117
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2015-12-16, 2017-06-14 · dates removed: 1996-01-01, 2008-10-22, 2009-02-26
The refusal condition in paragraph 1 no longer refers to a trade mark's non-compliance with the product specification, and instead ties refusal to use that would contravene Article 103(2) and to the submission date of the registration application for the designation of origin or geographical indication itself, dropping the phrase about the designation being 'subsequently protected'.
Paragraph 1's invalidation rule is now expressed as a separate sentence stating that trade marks registered in breach of the first subparagraph shall be invalidated, rather than as a standalone point (b).
Paragraph 2 replaces the fixed cut-off date of 1 January 1996 with a reference to the date the protection application was submitted to the Commission, and updates the referenced trade mark instruments from Directive 2008/95/EC and Regulation (EC) No 207/2009 to Directive (EU) 2015/2436 and Regulation (EU) 2017/1001, while also adding a reference to use contravening Article 103(2) and changing 'alongside' to 'as well as use of' regarding the relevant trade marks.
Cited: Art. 102, v1 · Art. 102, v2
text before / after
02013R1308-20201229 → 02013R1308-20211207
Article 102
Relationship with trade marks
1. The registration of Where a trade mark that contains or consists of a protected designation of origin or a geographical indication which does not comply with is registered under this Regulation, the product specification concerned or registration of a trade mark the use of which falls under would contravene Article 103(2), and that which relates to a product falling under one of the categories listed in Annex VII, Part II of Annex VII II, shall be:
(a) be refused if the application for registration of the trade mark is was submitted after the date of submission of the registration application in respect of the designation of origin or the geographical indication to the Commission.
Trade marks registered in breach of the first subparagraph shall be invalidated.
2. Without prejudice to Article 101(2) of this Regulation, a trade mark the use of which contravenes Article 103(2) of this Regulation, which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in good faith within the territory of the Union, before the date on which the application for protection of the designation of origin or geographical indication was submitted to the Commission and the designation of origin or geographical indication is subsequently protected; or
(b) invalidated.
2. Without prejudice to Article 101(2), a trade mark referred to in paragraph 1 of this Article which has been applied for, registered or established by use in good faith, if that possibility is provided for by the law concerned, in the territory of the Union either before the date of protection of the designation of origin or geographical indication in the country of origin, or before 1 January 1996, Commission, may continue to be used and renewed renewed, notwithstanding the protection registration of a designation of origin or geographical indication, provided that no grounds for the trade mark's mark’s invalidity or revocation exist under Directive 2008/95/EC (EU) 2015/2436 of the European Parliament and of the Council
Directive 2008/95/EC (EU) 2015/2436 of the European Parliament and of the Council of 22 October 2008 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 299, 8.11.2008, 336, 23.12.2015, p. 25). 1). or under Regulation (EU) 2017/1001 of the European Parliament and of the Council Regulation (EC) No 207/2009 (EU) 2017/1001 of the European Parliament and of the Council Regulation (EC) No 207/2009 of 26 February 2009 14 June 2017 on the Community European Union trade mark (OJ L 78, 24.3.2009, 154, 16.6.2017, p. 1)..
In such cases, the use of the designation of origin or geographical indication shall be permitted alongside as well as use of the relevant trade marks.