SHARED-USE TRADEMARKS FOR THE GEOGRAPHICAL INDICATIONS 159 have to be taken into account. Thus, according to article 7(1), food information shall not be misleading, particularly regarding the country of origin or place of provenance. Moreover, article 39 refers to national measures on additional mandatory particulars, such as (d) industrial and commercial property, indications of provenance, designations of origin and so on. At a national level, we must also take into account the regulation contained in Royal Decree 1363/2011, of 7 October, which implements Community regulations on the labelling, presentation and identification of certain wine products7. This Decree establishes the basic regulatory framework concerning labelling (art. 1) for products produced in Spain, whether or not they are covered by geographical indications. As common rules, it establishes the obligation for bottled wines to be labelled [art. 3(1)] and establishes that the term “elaborador” (maker) is equivalent to “productor” (producer) (art. 5)8. The labelling rules for PDO-PGI wines are found in articles 16 through 22, referring, among them, to the location on the labelling (art. 16), the production and winemaking methods (art. 17) and the use of traditional terms. Conversely, as a specific rule, mention should be made to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing the common organisation of the markets in agricultural products and repealing Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/20079, in which two groups of provisions are to be distinguished. On the one hand, those governing the regime of geographical indications (artt. 92 et seq.), among which it is worth highlighting, for the purposes of this article, that “protected designations of origin and protected geographical indications, as well as wines using such protected names in accordance with the product specification, shall be protected from: […] (d) any other practice liable to mislead the consumer as to the true origin of the product” [art. 103(2)]. 7 Take into account Royal Decree 8/2015, of 16 January, amending Royal Decree 1363/2011, of 7 October, which implements Community regulations on the labelling, presentation and identification of certain wine products, which was intended to meet the requests for national regulation of certain options provided for in Community regulations and the extension of the list of major geographical units. 8 In this respect, article 6(1) provides for the possibility of replacing the indication of the name and address of the bottler, producer, seller or importer by a code, a practice which becomes compulsory if the name of these operators and the name of the geographical indication coincide [art. 7(1)]. 9 Consider as well Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, objection procedure, restrictions on use, amendments to specifications, cancellation of protection, labelling and presentation. This Regulation was issued to ensure the proper functioning of the wine market in the new legal framework (Cd. 1).
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