1. The opposition as referred to in Article 25 of Regulation (EU) 2023/2411 shall contain:
(a)
the reasoned statement of opposition referred to in Annex III of Regulation (EU) 2023/2411;
(b)
the nationality of the opponent, if a natural person; and
(c)
an authorisation to the Office to notify the opposition to the applicant and to the competent authority or single point of contact of the Member State or third country from where the product originates and, if applicable, to the competent authority or single point of contact of the Member State or third country where the opponent is established or resides, including any personal data.
2. The opposition as referred to in Article 25 of Regulation (EU) 2023/2411 may also contain supporting documents, where relevant.
3. The opposition shall be submitted to the Office through its digital system. The Office shall inform the Commission about the opposition within one month after the expiry of the opposition period.
4. If the opposition does not contain the authorisation referred to in paragraph 1, point (c) or the opposition is received by the Office outside the period referred to in Article 25(1) of Regulation (EU) 2023/2411, the Office shall notify the opponent about this deficiency and the opponent shall have seven calendar days to complete the opposition, otherwise the opposition shall be deemed not filed.
5. When the Office receives an opposition pursuant to Article 25(1) of Regulation (EU) 2023/2411, it shall notify the opposition as soon as possible to the applicant and the competent authority of the Member State from where the product originates, in the case of direct registrations, to the applicant and the single point of contact, in the language as filed, together with a verified machine translation of it into the relevant official Union languages. In the case of third-country applications, the Office shall notify the opposition to the applicant or the competent authority of the third country, as applicable, in the language as filed, together with a verified machine translation of it into the official Union language in which the application was filed.
6. The period not exceeding three months referred to in Article 25(4) of Regulation (EU) 2023/2411 shall commence on the date on which the invitation to engage in consultations is notified to the parties through the digital system. The Office shall also notify the competent authority or the single point of contact of the Member State or, as applicable, the competent authority of the third country, from where the product originates and, if applicable, where the opponent is established or resides, about the consultation. The opponent and the applicant shall start such consultations without undue delay.
7. Where applicable, the competent authority of the Member State or third country from where the product originates and the competent authority of the Member State or third country where the opponent is established or resides may join the consultations, assisting the applicant or the opponent.
8. The Office shall provide detailed information through the digital system to the applicant, opponent and the competent authority and single point of contact of the Member State or, as appliable, the competent authority of the third country, from where the product originates and where the opponent is established or resides, on the availability of alternative dispute resolution, such as mediation, for the consultations between the applicant and the opponent, as referred to in Article 170 of Regulation (EU) 2017/1001 of the European Parliament and of the Council ( 5 ) . In addition, the Office shall provide information about the possibility of making use of mediation services other than the ones offered by the Office. The information shall be provided in the relevant official language of the Member States from where the product originates and where the opponent is established or resides or in the case of a third-country applicant or opponent, in the official Union language in which the third-country applicant or opponent filed its application or opposition.
9. If the Geographical Indications Division decides to consult the Advisory Board during the opposition procedure as referred to in Article 25(6) of Regulation (EU) 2023/2411, the applicant, the opponent and the competent authority of the Member State, and the single point of contact or the competent authority of the third country, as applicable, from where the product originates and where the opponent is established or resides, shall be notified through the digital system, of such consultation and of the suspension of the consultation period as referred to in Article 25(6) of Regulation (EU) 2023/2411.
10. The Geographical Indications Division shall notify the opinion of the Advisory Board to the applicant and the opponent and the competent authority or the single point of contact of the Member State, in the official Union languages of the respective Member States, and to the applicant and opponent or the competent authority of the third country, as applicable, from where the product originates and where the opponent is established or resides, into the official Union language of submission of the application for registration.
11. The applicant shall communicate the outcome of the consultations referred to in Article 25(7) of Regulation (EU) 2023/2411 to the Office through its digital system using the form available in the digital system. The Office shall notify the competent authority and the single point of contact of the Member State or, as applicable, the competent authority of the third country, from where the product originates and where the opponent is established or resides, about the outcome of the consultations. With the notification, the Office shall invite the Member State, from where the product originates, to indicate whether it considers necessary to carry out an additional national opposition procedure in accordance with Article 16(15) of this Regulation.
12. The notification of the outcome of the consultations referred to in Article 25(7) of Regulation (EU) 2023/2411 shall contain:
(a)
the name published in the Union register to which the opposition relates;
(b)
the file number and the name in the Union register to which the opposition relates;
(c)
the name of the opponent or opponents;
(d)
the documented outcome of consultations;
(e)
an indication whether the single document or product specification has been amended and a description of such amendments.
13. If the product specification has been amended, the electronic reference to the publication of the product specification published in accordance with Article 23(7) of Regulation (EU) 2023/2411 shall lead to the updated product specification. In the case of direct registrations and third-country applications, the updated product specification shall be notified to the Office.
14. If the single document has been amended, the amended single document shall be resubmitted through the digital system.
15. In case the competent authority of the Member States considers that the consequent changes to the product specification made during the consultations referred to in Article 25(4) of Regulation (EU) 2023/2411 are substantial, thus affecting interests that had not been considered in the national opposition procedure carried out in accordance with Article 15 of that Regulation, those changes shall be subject to an additional opposition procedure. The competent authorities of the Member States from where the product originates, shall be allowed to carry out the additional opposition procedure after being notified about the outcome of the consultation referred to in Article 25(7) of Regulation (EU) 2023/2411. In that additional opposition procedure, the competent authority of the Member State shall ensure that any natural or legal person having a legitimate interest, affected by those changes, and established or resident in the territory of the Member State in question is allowed to submit an opposition before the amended version of the single document and of the product specification is communicated to the Office, in view of repeating the examination as referred to in Article 25(8) of Regulation (EU) 2023/2411. For the period of the additional national opposition procedure, the procedure at Union phase is suspended. If after the additional opposition, the competent authority of the Member State refuses the application, the competent authority shall inform the Office, through the digital system, about the withdrawal of the application.