Guidance

Object to an application to use or change a traditional term on a wine product

How to object to an application to use or change a traditional term for a wine product on the UK traditional terms register.

You can object to an application to register or change a traditional term if you have a legitimate interest. You must object within 2 months of the date the application was published on GOV.UK. If you miss this deadline, the competent authority will not consider your objection request.

You must say why you think the application is incompatible with the traditional terms scheme rules. You must provide evidence that the application:

  • does not meet the criteria of a traditional term
  • conflicts with an existing trademark
  • has the same name as an existing term, and its protection and use could cause confusion

You should complete the objection form and email it with supporting evidence to ukgiapplications@defra.gov.uk.

The competent authority will tell the applicant of any valid objections made. The applicant will have 2 months to respond from the date they are told.

Supporting evidence

If you object because the traditional term is the same as an existing trademark, you must show:

  • where it’s used
  • how long it’s been in use for
  • the extent of its use
  • the extent of its reputation

If you do not provide enough evidence for your objection, the competent authority will give you 2 months to provide it. The competent authority will dismiss your objection if you cannot provide the necessary evidence within the timeframe.

Decision

If the competent authority thinks your objection, or anyone else’s objection, is valid it can decide to stop the application. It can suspend the objection process while it makes a decision on the application. It will tell you if it rejects the application.

Right to appeal

If the competent authority accepts an application for registration on the traditional terms register that you object to, you can appeal against this decision.

Follow the guidance on how to appeal against a decision.

Published 31 December 2020