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29.7.2011 Official
Journal
of
the
European
Union L
197/3
COMMISSION IMPLEMENTING REGULATION (EU) No 744/2011
of 28 July 2011
entering a name in the register of protected designations of origin and protected geographical
indications (Karlovarské oplatky (PGI))
THE EUROPEAN COMMISSION,
(6) The
terms
‘Karlsbader
Oblaten’
and
‘Karlovarské
oplatky’
were found to be mutual translations of each other in the
German and Czech languages respectively. The
Having regard to the Treaty on the Functioning of the European
statements of objection from Germany showed that
Union,
trade marks including the term ‘Karlsbader Oblaten’ had
been registered prior to the application for registration of
the term ‘Karlovarské oplatky’ as a protected geographical
Having regard to Council Regulation (EC) No 510/2006 of
indication. Some evidence was provided to show that in
20 March 2006 on the protection of geographical indications
a further instance, a name may have acquired the status
and designations of origin for agricultural products and
of a trade mark established by use. Evidence was further
foodstuffs ( 1 ), and in particular the third subparagraph of
provided to show that consumers in Germany associated
Article 7(5) thereof,
the name ‘Karlsbader Oblaten’ with a certain type of
wafer. However no evidence was provided in the
statements of objection that consumers strongly
Whereas:
associated the wafers with all or any of the trade
marks as distinct from the descriptive term ‘Karlsbader
Oblaten’, nor that consumers would be liable to be
(1) Pursuant
to
Article
6(2)
and
in
accordance
with
misled as to the true identity of a product marketed
Article 17(2) of Regulation (EC) No 510/2006, the
under the name ‘Karlovarské oplatky’. Therefore, the
Czech Republic’s application of 20 October 2004 to
Commission cannot conclude that the registration of
register the name ‘Karlovarské oplatky’ was published
the name ‘Karlovarské oplatky’ would be contrary to
in the Official Journal of the European Union ( 2 ).
Article 3(4) of Regulation (EC) No 510/2006.
(2) Austria
and
Germany
submitted
objections
to
the
regis
tration pursuant to Article 7(1) of Regulation (EC)
(7) As
a
salient
part
of
the
names
‘Karlsbader
Oblaten’
and
‘Karlovarské oplatky’ is identical, it is reasonable to
No 510/2006. The objections were deemed admissible
conclude that the names are partly identical for the
under points (a), (b), (c) and (d) of the first subparagraph
purposes of Article 7(3)(c) of Regulation (EC)
of Article 7(3) of that Regulation.
No 510/2006. Furthermore, as mutual translations of
each other, and given the phonetic and visual similarities
between the products and their common origins, the
(3) By
letters
dated
21
January
2008,
the
Commission
asked
application of the protection envisaged by Article 13 of
the Member States concerned to seek agreement among
Regulation (EC) No 510/2006, and in particular point (b)
themselves in accordance with their internal procedures.
of paragraph (1) thereof, could have the result that
‘Karlovarské oplatky’, if registered, would be found by a
competent court to be protected against the use of the
(4) Given
that
no
agreement
was
reached
between
Austria
name ‘Karlsbader Oblaten’ on the wafers concerned. The
and the Czech Republic nor between Germany and the
evidence therefore shows that the continued existence of
Czech Republic within the designated timeframe, the
the name ‘Karlsbader Oblaten’ would be jeopardised by
Commission should adopt a decision in accordance
the registration of ‘Karlovarské oplatky’ within the
with the procedure referred to in Article 15(2) of Regu
meaning of point (c) of Article 7(3) of Regulation (EC)
lation (EC) No 510/2006.
No 510/2006.
(5) Concerning
the
alleged
failure
of
compliance
with
Article 2 in respect of the delimitation of the
(8) The
statements
of
objection
were
declared
admissible
on
geographical area and production within it, use of and
the ground, inter alia, that registration of the proposed
characteristics of the thermal spring water, and the
name would jeopardise the existence of a partly identical
appearance of a graphic motif on the wafers, the
name, namely ‘Karlsbader Oblaten’, in so far that this
national authorities responsible provided confirmation
name is used for a product and not protected under
that these elements were correct and in addition no
trade mark legislation. The evidence further shows that
manifest error was identified. The national authorities
the name ‘Karlsbader Oblaten’ originated from producers
further provided evidence to show the name ‘Karlovarské
in the town formerly known as Karlsbad and that
oplatky’ was used in the sense of Article 2(1)(b) of Regu
production of the wafer so named has continued for a
lation (EC) No 510/2006 and was proposed by the
considerable period of time. Moreover, the evidence
identified producer group.
shows that the uses of the name ‘Karlsbader Oblaten’
referred to an authentic and traditional product having
( 1 ) OJ L 93, 31.3.2006, p. 12.
a common origin with ‘Karlovarské oplatky’, but was
( 2 ) OJ C 85, 19.4.2007, p. 6.
generally not meant to exploit the reputation of the

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L 197/4
EN
Official Journal of the European Union
29.7.2011
latter name. For these reasons, and in the interests of
nations of origin and protected geographical indications
fairness and traditional usage, the maximum transitional
subject to a transitional period of 5 years during which
period foreseen by Article 13(3) of Regulation (EC)
time the term ‘Karlsbader Oblaten’ may continue to be
No 510/2006 should be foreseen.
used in circumstances that, without such a transitional
period, could be contrary to the protection provided for
(9) Concerning
trade
marks
containing
the
term
‘Karlsbader
by Article 13(1) of Regulation (EC) No 510/2006.
Oblaten’ that were protected through registration or
acquired by use prior to the application for registration
(12) The
measures
provided
for
in
this
Regulation
are
in
of ‘Karlovarské oplatky’, the conditions of Article 14(1)
accordance with the opinion of the Standing
of Regulation (EC) No 510/2006 not being met, the said
Committee on Protected Geographical Indications and
trade marks cannot be invalidated nor can their
Protected Designations of Origin,
continued use be hindered by virtue of the registration
of ‘Karlovarské oplatky’ as a protected geographical indi
HAS ADOPTED THIS REGULATION:
cation, provided the general requirements under trade
mark legislation are otherwise met.
Article 1
(10) Concerning
generic
status,
the
evidence
provided
in
the
The designation contained in the Annex to this Regulation shall
statements of objection referred to the alleged general use
be entered in the register.
of the term ‘Karlsbader Oblaten’ in Germany and Austria,
and not to that of ‘Karlovarské oplatky’. While the
Article 2
objections have provided evidence to show that a
1. The
term
‘Karlsbader
Oblaten’
may
be
used
to
designate
number of uses as general descriptive terms exist
wafers not complying with the specification for ‘Karlovarské
including the German mention ‘Karlsbader Oblaten’, no
oplatky’ for a period of 5 years from the date of entry into
evidence has been provided that the name ‘Karlovarské
force of this Regulation.
oplatky’ is used to designate a category of products that
do not originate in the region of Karlovy Vary. The name
2. Trade
marks
containing
the
term
‘Karlsbader
Oblaten’
that
‘Karlovarské oplatky’ was protected as a geographical
were protected through registration or acquired by use prior to
indication in 1967 in the Czech Republic. The
20 October 2004, shall not be invalidated nor shall their
objection does not take into consideration the situation
continued use be hindered by virtue of the registration of
in the Czech Republic. Therefore, on the basis of
‘Karlovarské oplatky’ as a protected geographical indication,
information provided the name ‘Karlovarské oplatky’
provided the general requirements under trade mark legislation
cannot be considered to be generic and there is no
are otherwise met.
failure of compliance with Article 3(1) of Regulation
(EC) No 510/2006.
Article 3
(11) In the light of the above, the name ‘Karlovarské oplatky’
This Regulation shall enter into force on the 20th day following
should be entered in the Register of protected desig
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 July 2011.
For the Commission
The President
José Manuel BARROSO
ANNEX
Foodstuffs referred to in Annex I to Regulation (EC) No 510/2006:
Class 2.4. Bread, pastry, cakes, confectionery, biscuits and other baker’s wares
CZECH REPUBLIC
Karlovarské oplatky (PGI)

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