Specific grounds for refusal of protection
Article 35
1. A generic name shall not be protected as a geographical indication. To establish whether or not a name has become a generic name, account shall be taken of all relevant factors, in particular: (a) the existing situation in the Union, in particular in areas of consumption; (b) the relevant Union or national legislation. 2. A name shall not be protected as a geographical indication where, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the spirit drink. 3. A name shall only be protected as a geographical indication if the production steps which give the spirit drink the quality, reputation or other characteristic that is essentially attributable to its geographical origin, take place in the relevant geographical area.