Dundee Cake: opportunity to object
Read the specification for Dundee Cake being considered for protection under the UK geographical indications schemes and find out how to object to the proposal.
Documents
Details
Food, drink and agricultural products with a geographical connection or that are made using traditional methods can be registered and protected as intellectual property. This protection is called a geographical indication (GI).
GI protection guarantees a product’s characteristics or reputation, authenticity and origin. It protects the product name from misuse or imitation. It may only be used by producers who follow the rules protecting the GI. Read more about the protected food names scheme.
Application details
Dundee Cake is eligible for consideration as a protected geographical indication (PGI) product.
Read the Dundee Cake product specification and single document.
A PGI application must show at least one important stage of preparation in the geographical area you identify in your application. That’s either production, processing or preparing the product.
A product with a PGI is recognised for its reputation, qualities or characteristics attributed to the local area.
Notice period to object
As part of the registration process, you have the opportunity to object to the registration of Dundee Cake as a PGI if you have a legitimate interest. The notice period to object:
- opens: 16 December 2021
- closes: 16 March 2022
Reasons to object
Your objection to the registration of Dundee Cake must be based on at least one of the following reasons. The:
- application does not meet the conditions referred to in Article 5(2) and Article 7(1) of regulation 1151/2012 as amended by SI 2020/1637
- name is customary in common language as the generic name for the good concerned (Article 10.1(a) regulation 1151/2012 as amended by SI 2020/1637)
- name conflicts 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 (Article 6(2) regulation 1151/2012 as amended by SI 2020/1637)
- name is identical to, or likely to cause confusion with a geographical indication that is registered or the subject of a pending application in the UK (Article 6(3) regulation 1151/2012 as amended by SI 2020/1637)
- name jeopardises the existence of an entirely or partly identical name or trademark or the existence of products which have been legally on the market for at least 5 years preceding the date of the publication of this consultation (Article 10.1(c) regulation 1151/2012 as amended by SI 2020/1637)
- name is liable to mislead the consumer as to the true identity of the product in the light of a trademark’s reputation and the length of time it has been used (Article 6(4) regulation 1151/2012 as amended by SI 2020/1637)
How to object
Use the relevant forms and follow the guidance on how to object to a protected food name.
You have 3 months from the date of this publication to send your notice of objection to ukgiapplications@defra.gov.uk.
Within 2 months of sending your notice, you must send a reasoned statement of your objection to ukgiapplications@defra.gov.uk.
You must send in your notice of objection by 16 March 2022. If you miss the deadline, Defra will not consider your comments.
Enquiries
Email: ukgiapplications@defra.gov.uk if you have any further questions.