This document is an excerpt from the EUR-Lex website
Document C2012/214/09
Information notice — Public consultation — Geographical indications from Central American countries
Information notice — Public consultation — Geographical indications from Central American countries
Information notice — Public consultation — Geographical indications from Central American countries
OJ C 214, 20.7.2012, p. 13–16
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
20.7.2012 |
EN |
Official Journal of the European Union |
C 214/13 |
INFORMATION NOTICE — PUBLIC CONSULTATION
Geographical indications from Central American countries
2012/C 214/09
The negotiations for a trade agreement between the European Union, and its Member States, and Central America have been concluded. In this context, the protection in the European Union, as geographical indications, of the names set out below is under consideration.
The Commission invites any Member State or third country or any natural or legal persons having a legitimate interest, resident or established in a Member State or in a third country, to submit objections to such protection by lodging a duly substantiated statement (1).
Statements of objection must reach the Commission within two months of the date of this publication. Statements of objection should be sent to the following e-mail address:
AGRI-B1@ec.europa.eu
Statements of objection shall be examined only if they are received within the time limit set out above and if they show that the name for which the protection is proposed would:
1. |
conflict with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product; |
2. |
be wholly or partially homonymous with that of a name already protected in the European Union under Council Regulation (EC) No 510/2006 (2) on the protection of geographical indications and designations of origin for agricultural products and foodstuffs and Regulation (EC) No 110/2008 (3) of the European Parliament and of the Council on the definition, description, presentation, labelling and protection of geographical indications of spirit drinks; or contained in the agreements the European Union has concluded with the one of the following countries:
|
3. |
in the light of a trademark's reputation and renown and the length of time it has been used, be liable to mislead the consumer as to the true identity of the product; |
4. |
jeopardise the existence of an entirely or partly identical name or of a trademark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of this notice; |
5. |
be considered generic, if it can be concluded from details given. |
The criteria referred to above shall be evaluated in relation to the territory of the European Union, which in the case of intellectual property rights refers only to the territory or territories where the said rights are protected. The eventual protection of these names in the European Union is subject to the successful conclusion of these negotiations and subsequent legal act.
This notice is without prejudice to the possibility of applying for registration of names from Costa Rica, El Salvador, Guatemala, Honduras or Panama under Article 5(9) of Regulation (EC) No 510/2006 or Article 17 of Regulation (EC) No 110/2008 as appropriate.
List of GIs for spirit drinks and agricultural products and foodstuffs (19)
Class of products |
Name as registered in Costa Rica |
Fruit |
Banano de Costa Rica |
Other products of Annex I to the Treaty: coffee |
Café de Costa Rica |
Class of products |
Name as registered in El Salvador |
Other products of Annex I to the Treaty: coffee |
Café Apaneca-Ilamapetec |
Other products of Annex I to the Treaty: plant extract |
Bálsamo de El Salvador |
Class of products |
Name as registered in Guatemala |
Other products of Annex I to the Treaty: coffee |
Café Antigua |
Spirit drink |
Ron de Guatemala |
Class of products |
Name as registered in Honduras |
Other products of Annex I to the Treaty: coffee |
Cafés del Occidente Hondureño/Honduras Western Coffee |
Other products of Annex I to the Treaty: coffee |
Café de Marcala |
Class of products |
Name as registered in Panama |
Spirit drink |
Seco de Panamá |
(1) The objection procedure under this public consultation, as regards the geographical indication ‘Ron de Guatemala’, is without prejudice to the objection for the protection of this name under Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks, published in OJ C 168, 14.6.2012, p. 9.
(2) OJ L 93, 31.3.2006, p. 12.
(3) OJ L 39, 13.2.2008, p. 16.
(5) OJ L 169, 30.6.2008, p. 10.
(7) OJ L 352, 30.12.2002, p. 1.
(8) OJ L 342, 27.12.2001, p. 42.
(9) OJ L 342, 27.12.2001, p. 6.
(10) OJ L 152, 11.6.1997, p. 15.
(11) OJ L 345, 28.12.2007, p. 1.
(12) OJ L 28, 30.1.2002, p. 112.
(13) OJ L 114, 30.4.2002, p. 1.
(14) OJ L 155, 15.6.2012, p. 1.
(15) OJ L 155, 15.6.2012, p. 99.
(16) OJ L 297, 16.11.2011, p. 1.
(17) OJ L 93, 30.3.2012, p. 1.
(18) OJ L 127, 14.5.2011, p. 1.
(19) Based on the information provided by Central America countries authorities, in the framework of negotiations.