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1. An application submitted after a wholly or partly homonymous name has been applied for or protected as a geographical indication in the Union shall be rejected, unless there is a sufficient distinction in practice between the two homonymous names as regards their conditions of local and traditional usage and their presentation, taking into account the need to ensure that the producers concerned receive equitable treatment and the need to ensure that consumers are not misled as to the true identity or geographical origin of the products.

2. A name that is wholly or partly homonymous with a name applied for or protected as a geographical indication in the Union, and that is liable to mislead the consumer as to the true geographical origin of a product shall not be registered even if the name of the actual territory, region or place of origin of the product in question is accurate.

3. For the purposes of this Article, a name ‘applied for or protected as a geographical indication in the Union’ refers to:

(a) geographical indications entered in the Union register;

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

(c) appellations of origin and geographical indications protected in the Union pursuant to 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.