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29.7.2011 Official
Journal
of
the
European
Union L
197/5
COMMISSION IMPLEMENTING REGULATION (EU) No 745/2011
of 28 July 2011
entering a name in the register of protected designations of origin and protected geographical
indications (Karlovarské trojhránky (PGI))
THE EUROPEAN COMMISSION,
requirements of point (b) of Article 2(1); whether or not
the product also had sufficient reputation to satisfy the
requirements of Article 2(1) was immaterial.
Having regard to the Treaty on the Functioning of the European
Union,
(6) The
statements
of
objection
from
Germany
showed
that
trade marks including the term ‘Karlsbader Oblaten’ had
been registered prior to the application for registration of
Having regard to Council Regulation (EC) No 510/2006 of
the term ‘Karlovarské trojhránky’ as a protected
20 March 2006 on the protection of geographical indications
geographical indication. Evidence was further provided
and designations of origin for agricultural products and
to show that consumers in Germany associated the
foodstuffs ( 1 ), and in particular the third subparagraph of
name ‘Karlsbader Oblaten’ with a certain type of wafer.
Article 7(5) thereof,
However no evidence was provided in the statements of
objection that consumers strongly associated the wafers
with all or any of the trade marks as distinct from the
Whereas:
descriptive term ‘Karlsbader Oblaten’, nor that consumers
would be liable to be misled as to the true identity of a
product marketed under the name ‘Karlovarské
trojhránky’. Therefore, the Commission cannot conclude
(1) Pursuant
to
Article
6(2)
and
in
accordance
with
that the registration of the name ‘Karlovarské trojhránky’
Article 17(2) of Regulation (EC) No 510/2006, the
would be contrary to Article 3(4) of Regulation (EC)
Czech Republic’s application of 19 October 2004 to
No 510/2006.
register the name ‘Karlovarské trojhránky’ was

published in the Official Journal of the European Union ( 2 ).
(7) As
a
salient
part
of
the
names
‘Karlsbader
Oblaten’
and
‘Karlovarské trojhránky’ is identical, it is reasonable to
(2) Austria
and
Germany
submitted
objections
to
the
regis
conclude that the names are partly identical for the
tration pursuant to Article 7(1) of Regulation (EC)
purposes of point (c) of Article 7(3) of Regulation (EC)
No 510/2006. The objections were deemed admissible
No 510/2006. Furthermore, given the similarities
under points (a), (b), (c) and (d) of the first subparagraph
between the products and their common origins, the
of Article 7(3) of that Regulation.
application of the protection envisaged by Article 13 of
Regulation (EC) No 510/2006, and in particular point (b)
of paragraph (1) thereof, could have the result that
(3) By
letters
dated
6
May
2008,
the
Commission
asked
the
‘Karlovarské trojhránky’, if registered, would be found
Member States concerned to seek agreement among
by a competent court to be protected against the use
themselves in accordance with their internal procedures.
of ‘Karlsbader Oblaten’ on the wafers concerned. The
evidence therefore shows that the continued existence
of the name ‘Karlsbader Oblaten’ could be jeopardised
by the registration of ‘Karlovarské trojhránky’ within
(4) Given
that
no
agreement
was
reached
between
Austria
the meaning of point (c) of Article 7(3) of Regulation
and the Czech Republic nor between Germany and the
(EC) No 510/2006.
Czech Republic within the designated timeframe, the
Commission must adopt a decision in accordance with
the procedure referred to in Article 15(2) of Regulation
(EC) No 510/2006.
(8) The
statements
of
objection
were
declared
admissible
on

the ground, inter alia, that registration of the proposed
name would jeopardise the existence of a partly identical
name, namely ‘Karlsbader Oblaten’, in so far that this
(5) Concerning
the
alleged
failure
of
compliance
with
name is used on product and not protected under
Article 2 of Regulation (EC) No 510/2006 regarding an
trade mark legislation. The evidence further shows that
absence of production in the geographical area and the
the name ‘Karlsbader Oblaten’ originated from producers
quality of its reputation, the national authorities
in the town formerly known as Karlsbad and that
responsible confirmed that production took place in
production of the wafer so named has continued for a
the geographical zone. The link was based on the
considerable period of time. Moreover, the evidence
specific quality of the product attributable to the
shows that the uses of the name ‘Karlsbader Oblaten’
geographical area, namely the thermal spring water
referred to an authentic and traditional product that
used in production, which is sufficient to meet the
was not exploiting the reputation of ‘Karlovarské
trojhránky’. For these reasons the maximum transitional
( 1 ) OJ L 93, 31.3.2006, p. 12.
period foreseen by Article 13(3) of Regulation (EC)
( 2 ) OJ C 206, 5.9.2007, p. 29.
No 510/2006 should be foreseen.

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L 197/6
EN
Official Journal of the European Union
29.7.2011
(9) Concerning
trade
marks
containing
the
term
‘Karlsbader (12) The
measures
provided
for
in
this
Regulation
are
in
Oblaten’ that were protected through registration or
accordance with the opinion of the Standing
acquired by use prior to the application for registration
Committee on Protected Geographical Indications and
of ‘Karlovarské trojhránky’, the conditions of
Protected Designations of Origin,
Article 14(1) not being met, the said trade marks
cannot be invalidated nor can their continued use be
hindered by virtue of the registration of ‘Karlovarské
trojhránky’ as a protected geographical indication,
HAS ADOPTED THIS REGULATION:
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 general use of the
be entered in the register.
term ‘Karlsbader Oblaten’ and not to that of ‘Karlovarské
trojhránky’. While the objections have provided evidence
to show that a number of uses as general descriptive
terms exist including the German mention ‘Karlsbader
Article 2
Oblaten’, no evidence has been provided that the name
1. The
term
‘Karlsbader
Oblaten’
may
be
used
to
designate
‘Karlovarské trojhránky’ is used to designate a category of
wafers not complying with the specification for ‘Karlovarské
products that do not originate in the region of Karlovy
trojhránky’ for a period of 5 years from the date of entry
Vary. The objection does not take into consideration the
into force of this Regulation.
situation in the Czech Republic. Therefore, on the basis
of information provided the name ‘Karlovarské
trojhránky’ cannot be considered to be generic and
there is no failure of compliance with Article 3(1) of
2. Trade
marks
containing
the
term
‘Karlsbader
Oblaten’
that
Regulation (EC) No 510/2006.
were protected through registration or acquired by use prior to
19 October 2004, shall not be invalidated nor shall their
continued use be hindered by virtue of the registration of
(11) In the light of the above, the name ‘Karlovarské
‘Karlovarské trojhránky’ as a protected geographical indication,
trojhránky’ should be entered in the Register of
provided the general requirements under trade mark legislation
protected designations of origin and protected
are otherwise met.
geographical indications subject to a transitional period
of 5 years during which time the term ‘Karlsbader
Oblaten’ may continue to be used in circumstances
Article 3
that, but for the transitional period, could be contrary
to the protection provided for by Article 13(1) of Regu
This Regulation shall enter into force on the 20th day following
lation (EC) No 510/2006.
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

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EN
29.7.2011 Official
Journal
of
the
European
Union L
197/7
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 trojhránky (PGI)

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