Geographical indications and designations of origin of the European Union

Brief description of the registration procedure

The registration procedure laid down in the relevant EU legislation is, in broad terms, as follows.

A group of producers submits an application to the Member State in which the geographical area concerned is located.

The application must contain a product specification including:

• the name to be protected as a PDO or PGI and a description of the product, including, where appropriate, the raw materials and a description of the essential characteristics of the product;
• the delimitation of the geographical area;
• a proof that the product originates in that geographical area (control and registration mechanisms);
• a description of the method of production of the product and, where appropriate, particulars of the packaging;
• a description of the link between the quality, reputation or other characteristics of the product and the geographical area;
• any specific labelling rules; and
• any additional requirements laid down in national or EU legislation.

In addition to the product specification, the application must include a single document summarising the main elements of the specification (in particular the name, a description of the product, including, where appropriate, specific rules on packaging and labelling, and a concise definition of the geographical area) and a description of the link between the product and the geographical environment or geographical origin.

Moreover, it is necessary to submit accompanying documentation containing, in particular, any explanation of proposed limitations on the use or protection of the geographical indication and any transitional measures, the name and contact details of the applicant producer group, the name and contact details of the competent authorities, as well as any other information considered appropriate by the Member State concerned or, where applicable, by the producer group.

At the national stage of the procedure, a binding opinion of the competent control authority must also be attached to the application, i.e. depending on the type of product, an opinion from the Czech Agriculture and Food Inspection Authority, the State Veterinary Administration of the Czech Republic or the Central Institute for Supervising and Testing in Agriculture, the Czech Trade Control Authority.

In the Czech Republic, the competent national authority is the Industrial Property Office. Once the national stage of the procedure has been successfully completed in accordance with Act No. 452/2001 Coll., on the protection of designations of origin and geographical indications and on the amendment of the Consumer Protection Act, as amended (publication of the application in the Bulletin of the Office, commencement and expiry of the three-month opposition period and the handling of any oppositions), the Office forwards the application to the European Commission or to the European Union Intellectual Property Office (EUIPO) (hereinafter together the “Union authority”).

If the Union authority considers that the application is well-founded because the name fulfils the conditions for protection, it publishes the application in the Official Journal of the European Union or in the Union register. Within three months of the date of publication, any EU Member State or third country, or any natural or legal person established in a Member State or in a third country, may lodge a notice of opposition to the registration. Within two months of submitting the notice of opposition, a statement of the grounds for opposition must be submitted to the Union authority. The Union authority verifies the admissibility of the opposition and, if it finds the opposition admissible, it invites, within two months of receipt of the statement of grounds, the authority or person that lodged the opposition and the applicant to engage in consultations with a view to reaching an agreement within three months. At the request of the applicant, this period may be extended by a further three months. If no agreement is reached within the prescribed time limit, the Union authority decides whether to register the name or to reject the application for registration. Acts concerning the registration of names and decisions rejecting applications for registration are published by the Union Authority.

If no opposition is lodged (or if the oppositions lodged or their statements of grounds are found inadmissible), the Union authority enters the name in the Union register of protected designations of origin and protected geographical indications.

Names that have become generic cannot be registered. A name is considered generic where it is the common name of a product, even if it relates to the place or region where the product was originally produced or marketed, and has thus become the customary name for that product. In such cases, the geographical indication has entered everyday language and is used to designate a category of similar products that do not necessarily originate in the area referred to by the name.

At EU level, it is possible to protect the designation for:

• agricultural products and foodstuffs;
• wines and aromatised wine products
• spirit drinks; and
• craft and industrial products.

Application for registration of a designation of origin / geographical indication in the EU (pdf, 770 kB) (including certificate of submission, help for completion)

Legislation

An overview of legislation related to designations of origin and geographical indications can be found in the Legislation section.

Logos to download

Logos can be downloaded from the European Commission website