Object to an application to register, change or cancel a geographical food or drink name
How to object to an application to register for UK geographical indication (GI) protection, change or cancel a product specification and how to appeal against a decision.
Who can object to an application
You can object to an application to register the name or change the specification of a product if:
- you have a legitimate interest and can explain why - for example you have a product with the same or similar name and it could affect your business
- you’re any national authority
The rules are different for each GI scheme.
How to object to a protected food name application
You have 3 months from the date of publication to object to an application to register, change or cancel a product name. You must complete a notice of opposition form and send it by email to ukgiapplications@defra.gov.uk within the 3 month deadline.
See the list of product names being considered.
Within 2 months from the date of your notice, you must complete a statement of opposition. You must include in your statement, the reason why the request may not meet the regulations.
If you miss this deadline, the competent authority will not consider your statement of opposition.
Reasons to object
The competent authority will accept your objection to a protected designation of origin (PDO) or protected geographical indication (PGI) application if you can do one or more of the following:
- give valid reasons why the product registration is not compatible with the regulations
- show that the product registration would risk the existence of a product with the same or similar name
- show that the product registration would risk the existence of an existing trademark
- show that the product registration would risk the existence of a product which has legally been on the market for 5 years or more
- give evidence that the product registration is a generic name not a geographical one for example, cheddar cheese
The competent authority will accept your objection to a traditional speciality guaranteed (TSG) application if you can:
- give valid reasons why the product registration is not compatible with the regulations
- show that the use of the name is lawful, well known and economically significant to a similar product on the market
The competent authority will tell you it has received your statement within 5 working days. The competent authority will decide if your statement of opposition is valid and let you know if it accepts or rejects it. The time it takes to make a decision will vary depending on how complex it is.
Resolve issues with the applicant
If your statement of opposition is valid, the competent authority will invite you and the applicant together to resolve the issues. You will have 3 months to reach agreement. If you do not reach agreement, the issues will be recorded. The competent authority will make the final decision to register the product name or not.
Special cases for a transitional period (PDO and PGI applications only)
In some cases, you may be a producer using a product name that’s become registered as a GI.
You may no longer be able to use the product name because you do not comply with the specification. For example, you may be producing the product outside the defined geographical area.
There may be other reasons why your product does not comply with the registered GI specification.
You may be eligible for a period of transition to give you time to stop using the registered GI product name without harming your business. You must have submitted a valid statement of opposition to be eligible for consideration.
How to object to a protected wine name application
You can object to an application to register or change the name of a wine or aromatised wine if you:
- are any national authority
- can show you have a legitimate interest in the product
You have 2 months to respond from the date it is published for consultation.
See the list of product names being considered.
You should complete the statement of opposition form and provide supporting evidence for why you object.
If you miss this deadline, the competent authority will not consider your objection request.
How to object to a spirit drinks name application
You can object to an application to register or change the name of a spirit drink if you have evidence to show it’s already subject to an application for trade mark protection.
You must complete a notice of opposition form and send it by email to ukgiapplications@defra.gov.uk within 3 months of the application being published.
See the list of product names being considered.
Within 2 months from the date of your notice of opposition, you must complete a statement of opposition and provide supporting evidence for why you object. If you miss this deadline, the competent authority will not consider your statement of opposition.
How to object to a cancellation request
You can object to requests to cancel products registered on the UK register if you can show that your business relies on the registered name.
Send a signed and dated objection to the UK GI applications email address within 3 months from the date of the cancellation request.
Decision and right to appeal
Following the opposition process, the competent authority will accept or reject an application to register, change or cancel the name of a product. Anyone with a legitimate interest can appeal against this decision if they can show they are affected.
Follow the guidance on how to appeal against decisions.
Last updated 23 February 2022 + show all updates
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Added new section on 'How to object to a cancellation request'.
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Corrected the response time to object from 3 months to 2 months from the date a wine name is published for consultation.
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First published.