English Whisky/English Whiskey: opportunity to oppose an application to register those names as a geographical indication
The names “English Whisky” and “English Whiskey” are being considered for protection as a geographical indication under the UK government’s Spirit Drinks Geographical Indications Scheme. Find out more about the application and how to oppose it.
Documents
Details
Background
An application may be made under the UK government’s Spirit Drinks Geographical Indications (GI) Scheme to register a GI name. If an application to register a GI is successful, the registration will result in the registered name being protected as specified in Article 21 of Regulation (EU) 2019/787 of the European Parliament and of the Council on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (“assimilated Regulation (EU) 2019/787”).
Application details
An application has been made under the UK government’s Spirit Drinks GI Scheme to register “English Whisky”, together with the alternative spelling “English Whiskey”, as a GI.
Read the “English Whisky/English Whiskey” product specification and single document.
A GI is an indication which identifies a spirit drink as originating in the territory of a country or a region or locality within that territory where a given quality, reputation or other characteristic of the drink is essentially attributable to its geographical origin.
Opposition procedure
As part of the registration process, persons with a legitimate interest and third country authorities have the opportunity to oppose the application under Article 27 of assimilated Regulation (EU) 2019/787 by submitting a notice of opposition to the Secretary of State within 3 months (complying with the requirements of Article 27(1) of that Regulation).
The 3-month notice period to oppose the application ends on 20 May 2025.
A notice of opposition must contain a declaration that the application might infringe the requirements of Chapter 3 of assimilated Regulation (EU) 2019/787. A notice of opposition that does not contain such a declaration is void.
If you miss this deadline, the competent authority will not consider your statement of opposition.
How to object
Follow the guidance on how to object to a protected spirit drink name application. A template of the form you can use to oppose an application is attached to the guidance.
Email your notice of opposition to ukgiapplications@defra.gov.uk.
You will receive an email acknowledgment telling you that the notice of opposition has been received within 5 working days.
Within 2 months of the submission of your notice of opposition, you must email a reasoned statement of opposition to ukgiapplications@defra.gov.uk. A template of the form you can use as a reasoned statement of opposition is attached to the guidance. You must include in your statement the reason why the request may not meet the regulations.
Grounds to oppose
Your opposition to the registration of “English Whisky/English Whiskey” as a GI must be based on at least one of the grounds specified in Article 28 of assimilated Regulation (EU) 2019/787 as follows:
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the proposed geographical indication does not comply with the definition in point (4) of Article 3 of assimilated Regulation 2019/787 or with the requirements referred to in Article 22 of assimilated Regulation (EU) 2019/787
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the registration of the proposed geographical indication would be contrary to Article 34 or 35 of assimilated Regulation (EU) 2019/787
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the registration of the proposed geographical indication would jeopardise the existence of an entirely or partly identical name or of a trademark or the existence of products which have been legally on the market for at least 5 years
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the requirements referred to in Articles 31 and 32 of assimilated Regulation (EU) 2019/787 are not complied with
Resolve issues with the applicant
If your reasoned statement of opposition is found to be admissible, the Secretary of State will invite you and the applicant to engage in appropriate consultations with a view to reaching agreement to resolve the issues. Unless the period is extended on application by the Secretary of State, you will have 3 months to reach an agreement. If you do not reach agreement, the Secretary of State will make the final decision whether to register the name as a GI or not.
Enquiries
Email: ukgiapplications@defra.gov.uk if you have any further questions.