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15.1.2010 Official
Journal
of
the
European
Union
L
10/7
COMMISSION REGULATION (EU) No 32/2010
of 14 January 2010
entering a name in the register of protected designations of origin and protected geographical
indications [Jihoeská Zlatá Niva (PGI)]
THE EUROPEAN COMMISSION,
(6)
In the light of the information provided by Slovakia, the
Commission cannot conclude that the registration of the
name ‘Jihoeská Zlatá Niva’ would be contrary to
Article 3(4) of Regulation (EC) No 510/2006. While
Having regard to the Treaty on the functioning of the European
the objector may have shown evidence that the name
Union,
‘Jihoeská Zlatá Niva’ can be associated with a name
‘Niva’, no evidence has been provided of the degree of
distinctiveness the trademark acquired due to its repu
tation, renown and the length of time it was used.
Having regard to Council Regulation (EC) No 510/2006 of
Therefore, on the basis of the information available, it
20 March 2006 on the protection of geographical indications
has not been shown that the registration of ‘Jihoeská
and designations of origin for agricultural products and
Zlatá Niva’ would be liable to mislead consumers as to
foodstuffs ( 1 ), and in particular the third and fourth
the true identity of the product.
subparagraphs of Article 7(5) thereof,
Whereas:
(7) No
evidence
has
been
presented
which
would
allow
the
Commission to conclude that having regard to the fair
and traditional usage and the actual likelihood of
confusion, registration of the name ‘Jihoeská Zlatá
(1) Pursuant
to
Article
6(2)
and
in
accordance
with
Niva’ as a protected geographical indication would run
Article 17(2) of Regulation (EC) No 510/2006, the
counter to the provisions laid down in Article 7.
Czech Republic’s application to register the name
According to the evidence presented to the Commission,
‘Jihoeská Zlatá Niva’ was published in the Official
the term ‘Niva’ was used in a generic way for a type of
Journal of the European Union ( 2 ).
cheese, within the Czech and Slovak Republic, since tens
of years. Moreover, registration of the said name as a
protected geographical indication would not require the
cancellation or invalidation of the trade marks, since they
(2) Slovakia
submitted
an
objection
to
the
registration
under
were applied for prior to the date of submission of the
Article 7(1) of Regulation (EC) No 510/2006. The
registration application to the Commission, nor hinder
objection was deemed admissible under points (b) and
continued use of the same. Furthermore, according to the
(c) of the first subparagraph of Article 7(3) of that Regu
information available to the Commission, the exclusive
lation.
right of the proprietor of the said trade marks would not
entitle him to prohibit a third party from using, in the
course of trade and in accordance with honest practices
in industrial or commercial matters, an indication
(3)
Slovakia indicated in the objection that the registration of
concerning geographical origin pursuant to Article 6 of
the name in question would be contrary to Article 3(4)
Directive 2008/95/EC of the European Parliament and of
of Regulation (EC) No 510/2006 and would jeopardise
the Council of 22 October 2008 to approximate the laws
the existence of trademarks registered on the territory of
of the Member States relating to trade ( 3 ).
Slovakia.
(4) By
a
letter
dated
24
June
2008,
the
Commission
asked
the Member States concerned to seek agreement among
(8)
In the light of the above, the name ‘Jihoeská Zlatá Niva’
themselves in accordance with their internal procedures.
should be entered in the ‘Register of protected desig

nations of origin and protected geographical indications’.
(5) Given
that
no
agreement
was
reached
between
Slovakia
and the Czech Republic within the designated timeframe,
the Commission must adopt a decision in accordance
(9) The
measures
provided
for
in
this
Regulation
are
in
with the procedure outlined in Article 15(2) of Regu
accordance with the opinion of the Standing
lation (EC) No 510/2006.
Committee on Protected Geographical Indications and
Protected Designations of Origin,
( 1 ) OJ L 93, 31.3.2006, p. 12.
( 2 ) OJ C 249, 24.10.2007, p. 31.
( 3 ) OJ L 299, 8.11.2008, p. 25.

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L 10/8
EN
Official Journal of the European Union
15.1.2010
HAS ADOPTED THIS REGULATION:
Article 1
The designation contained in the Annex to this Regulation shall be entered in the register.
Article 2
This Regulation shall enter into force on the 20th day following 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, 14 January 2010.
For the Commission
The President
José Manuel BARROSO
ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:
Class 1.3. Cheeses
CZECH REPUBLIC
Jihoeská Zlatá Niva (PGI)

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