Cancellation
Article 25
1. A request to cancel the protection of a geographical indication as referred to in Article 32 of Regulation (EU) 2023/2411 shall contain: (a) the registered name proposed for cancellation; (b) the name of the Member State or third country from which the geographical indication concerned by the cancellation originates; (c) the name of a Member State or third country, or, for the purposes of paragraphs 10 and 11 of this Article, the name of the natural or legal person submitting the request for cancellation; (d) for requests from third countries, the name and address of the authorities or, if available, bodies or natural persons verifying compliance with the provision of the product specification; (e) the name of the natural or legal person requesting the cancellation at the national phase of the procedure, if any; (f) a description of the legitimate interest of the natural or legal person requesting to cancel the registration; (g) an indication of the grounds for cancellation referred to in Article 32 of Regulation (EU) 2023/2411; (h) the explanations and reasons for cancellation; (i) for a request for cancellation submitted by a Member State, the declaration referred to in Article 22(1), point (c) of Regulation (EU) 2023/2411; (j) proof of payment of fees, if applicable. 2. When the request for cancellation is submitted in accordance with Article 32(3) of Regulation (EU) 2023/2411, the information in paragraph 1, point (g) shall not apply. 3. The geographical indication shall be regarded as not having produced the effects referred to in Regulation (EU) 2023/2411 from the outset, to the extent that the geographical indication has been cancelled on the grounds set out in Article 32(1) of Regulation (EU) 2023/2411. 4. The geographical indication shall be regarded as not having produced the effects referred to in Regulation (EU) 2023/2411, to the extent that the geographical indication has been cancelled on the grounds set out in Article 32(2) of Regulation (EU) 2023/2411. This is also applicable to cancellations initiated under Article 32(3) of Regulation (EU) 2023/2411. 5. The contact details of the natural or legal person or of the authorities or bodies of the Member State or third country referred to in paragraph 1, point (c), (d) and (e), shall be communicated separately, through the digital system. The contact details of those natural or legal persons, authorities or bodies shall not be published as part of the request for cancellation. Their names, however, shall be published. 6. A request to cancel the protection of a geographical indication as referred to in Article 32 of Regulation (EU) 2023/2411 shall be drawn up in accordance with the form made available online by the Office and submitted to the Office using the digital system. 7. The competent authority of a Member State, including the Member State from where the product originates, may start the national phase of the cancellation procedure on their own initiative. In that case, the information referred to in paragraph 1, points (e) and (f), may be omitted. The Member State shall complete the steps of the national phase pursuant to Article 32(6) of Regulation (EU) 2023/2411 before submitting the cancellation request to the Office, unless the Member State has obtained a derogation pursuant to Article 19 of Regulation (EU) 2023/2411. 8. Any natural or legal person having a legitimate interest, established or resident in a Member State, may submit a request for cancellation with the Member State in which it is established or resident, allowing that Member State to examine this request and to decide whether to lodge it with the Office. 9. Where the cancellation request is based on a ground referred to in Article 32(1) of Regulation (EU) 2023/2411 and the ground indicated applies exclusively outside the territorial competence of the Member State where the requester is established or resident or where the geographical indication for which the cancellation is requested originates from another Member State than the Member State where the requester is established or resident or from a third country, the competent authority of the Member State where the requester is established or resident, shall only check if the cancellation request is complete and if it has been submitted in accordance with paragraphs 1, 2, 5 and 6 of this article. In such situations, no national opposition shall be conducted. After the formality check referred to in the first sentence of this paragraph, if the cancellation request is admissible, the competent authority shall lodge it with the Office for examination. 10. Any natural or legal person having legitimate interest, established or resident in a Member State that obtained a derogation pursuant to Article 19 of Regulation (EU) 2023/2411 may submit a request for cancellation directly with the Office. 11. Any natural or legal person having legitimate interest, established or resident in a third country, may submit a request for cancellation with the Office, directly or through the competent authority of the third country. 12. Without prejudice to paragraph 9, Article 4, 6, Articles 14-17 and Articles 27-28 of this Regulation shall apply mutatis mutandis to the cancellation procedure.