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1. A geographical indication that has been applied for after a wholly or partially homonymous geographical indication had been applied for or protected in the Union, shall not be registered unless there is sufficient distinction in practice between the conditions of local and long-established usage and the presentation of the two wholly or partially homonymous indications, taking into account the need to ensure equitable treatment of the producers concerned and that consumers are not misled as to the true identity or geographical origin of the products.

2. A wholly or partially homonymous geographical indication which misleads the consumer into believing that products come from another territory shall not be registered even if the name for the actual territory, region or place of origin of the products concerned is accurate.

3. For the purposes of this Article, a wholly or partially homonymous geographical indication applied for or protected in the Union refers to:

(a) geographical indications that are entered in the Union register of geographical indications;

(b) geographical indications that have been applied for provided that they are subsequently entered in the Union register of geographical indications;

(c) appellations of origin and geographical indications protected in the Union in accordance with Regulation (EU) 2019/1753; and (d) geographical indications, names of origin and equivalent terms protected pursuant to an international agreement between the Union and one or more third countries.

4. The Commission shall, by means of an implementing act, remove any geographical indication registered in breach of paragraph 1 or 2 from the Union register. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 88(2).