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Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (Text with EEA relevance) article 23 CELEX: 32023R2411 Examination of the application and publication for the purposes of opposition
1. An application submitted in accordance with Article 22 shall be examined by the Office, within the Geographical Indications Division. The Office shall check that: (a) there are no manifest errors; (b) the information provided pursuant to Article 22(1), (2) or (3), as applicable, is complete; and (c) the single document is precise and technical in nature and in accordance with Article 10. 2. The examination carried out pursuant to paragraph 1 of this Article shall take into account the outcome of the national phase of the registration procedure in the Member State concerned, except where Article 20 applies. 3. The examination referred to in paragraph 1 shall be carried out within six months of the receipt of the application. Where the examination period exceeds or is likely to exceed six months, the Office shall inform the applicant in writing of the reasons for the delay. |
Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (Text with EEA relevance) article 23 CELEX: 32023R2411 4. The Office may seek supplementary information from the competent authority of the Member State concerned. Where the application is submitted by an applicant from a third country or by the competent authority of a third country, that applicant or that competent authority shall provide supplementary information, where requested by the Office. 5. Where the Geographical Indications Division consults the Advisory Board, the applicant shall be notified thereof and the period referred to in paragraph 3 shall be suspended. |
Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (Text with EEA relevance) article 23 CELEX: 32023R2411 6. Where, based on the examination carried out pursuant to paragraph 1, the Office finds that the application is incomplete or incorrect, the Office shall send its observations to the competent authority of the Member State or, in the case of a third-country application, to the applicant or competent authority that has submitted the application to the Office, and request them to complete or correct the application within two months. The Office shall inform the applicant that the application will be rejected if it is not completed or corrected within the deadline. If the competent authority of the Member State concerned or, in the event of a third-country application, the applicant or competent authority concerned, does not complete or correct the application within the deadline, the application shall be rejected pursuant to Article 29(1). |
Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (Text with EEA relevance) article 23 CELEX: 32023R2411 7. Where, based on the examination carried out pursuant to paragraph 1 of this Article, the Office considers that the conditions laid down in this Regulation are fulfilled, it shall publish, for the purposes of opposition, in the Union register, the single document and the reference to the product specification published electronically in accordance with Article 16(2). The single document shall be published in all the official languages of the Union. |