Extension from the constitution
Name and registered office
- The association is titled "Schutzverband Nürnberger Bratwürste e.V." and is registered in the Register of Associations of the Local Court Nuremberg.
- Its registered office is in Nuremberg.
Function and duties
- Function of the association is the protection of the produces and denominations "Nürnberger Bratwürste", Nürnberger Rostbratwürste" according to the geographic origin as well as quality, recipe an all typical characteristics.
- The association takes all legal, organizational and all other actions that are required for the registration of the denominations on the national and international level, it especially aims for the registration of collective marks and the protection as a geographic indication. Full particulars for the registration of collective marks are regulated by a special mark constitution.
- In business dealings the association counters taken actions or those expected to be taken with the intentional purpose of competition that are likely able to affect the esteem of the produces named in clause 1 and denominations, the effected mark rights for which and other propriety rights
By-Law (EG) No. 1257/2003 of the Commission dating 15. July 2003
By-Law (EG) No. 1257/2003 of the Commission dating 15. July 2003 in addition to the addendum of By-Law (EG) Nr. 2400/96 for the registration of certain denominations to the account of protected origin denominations and protected geographic indications for agricultural products and edibles according to the By-Law (EWG) No. 2081/92 of the Council for the protection of geographic indications and origin denominations for agricultural products and edibles (Molise, Alto Crotonese, Welsh Lamb, Nürnberger Bratwürste oder Nürnberger Rostbratwürste)
THE COMMISSION OF THE EUROPEAN UNION-
based on the contract for the foundation of the European Union, based on the By-Law (EWG) No. 2081/92 of the Council dating 14. July 1992 for the protection for geographic indications and origin denominations for agricultural products and edibles (1), lastly changed by the By-Law (EG) No. 806/2003(2), especially in article 6, clause 3 and 4 in contemplation of the following reasons:
(1) According to article 5 of the By-Law (EWG) No. 2081/92 the United Kingdom has submitted the registration of Welsh Lamb as a geographic indication, Italy submitted the registration of "Molise" and Alto Crotonese" as origin indications and Germany submitted the registration for "Nürnberger Bratwürste" or "Nürnberger Rostbratwürste" as geographic indication.
(2) According to article 6, clause 1 of the named By-Law was ascertained that the applications comply with the regulations of the same By-Law and particularly contain all designated declarations in article 4.
(3) After publication of the other listed denominations in the addendum of the present By-Law in the official register of the European Union (3) no opposition according to article 7 of the By-Law (EWG) No. 2081/92 was entered to the Commission
(4) Therefore these denominations should be registered in the register of protected origin denominations and protected geographic indications and be protected as indication of origin or geographic indication.
(5) The addendum of the present By-Law adds to the addendum of the By-Law (EG) No. 2400/96 of the Commission (4), lastly changed by the By-Law (EG) No. 865/2003(5) -
HAS ENACTED THE FOLLOWING BY-LAW:
The addendum of the By-Law (EG) No. 2400/96 is added by the denominations in the addendum of the present By-Law. These denominations will be registered as protected designations of origin (PDO) or protected geographic indication (PGI) in the register of protected origin denominations and protected geographic indications, according to article 6, clause 3 of the By-Law (EWG) No. 2081/92.
DThis By-Law is becoming effective on the twentieth day after the publication in the official register of the European Union. This By-Law is binding in all its parts and applies immediately in every member state.
Brussels, 15. July 2003
For the Commission
Member of the commission
(1) ABl. L 208 dating 24.7.1992, S. 1.
(2) ABl. L 122 dating 16.5.2003, S. 1.
(3) ABl. C 262 dating 29.10.2002, S. 6 (Alto Crotonese).
ABl. C 262 dating 29.10.2002, S. 9 (Molise).
ABl. C 255 dating 23.10.2002, S. 17 (Welsh Lamb).
ABl. C 63 dating 12.3.2002, S. 25 (Nürnberger Bratwürste oder Nürnberger Rostbratwürste).
(4) ABl. L 327 dating 18.12.1996, S. 11.
(5) ABl. L 124 dating 20.5.2003, S. 17.
ADDENDUM FOR PRODUCTS FALLING UNDER ADDENDUM I THAT ARE DESINGED FOR HUMAN NUTRITION Meat (and slaughter by-products) fresh UNITED KINGDOM Welsh Lamb (PGI.) Meatproducts GERMANY Nürnberger Bratwürste or Nürnberger Rostbratwürste (PGI.) Fat ITALY Molise (PDO) Alto Crotonese (PDO)
Protection for denominative mark descriptions
The denominative mark descriptions "Nürnberger Bratwürste" and "Nürnberger Rostbratwürste" were affiliated in August 1998 in the Register of the German Patent and Trademark Office, according to the Trademark Act.
Thereto an excerpt from the Trademark Constitution of the "Schutzverband Nürnberger Bratwürste e.V.":
§2 Function of the signs
The signs conduce to the identification and the protection of Bratwursts from Nuremberg and by this achieve an origin function for the products of the members in particular:
1. The Bratwursts are produced in the main area of Nuremberg.
2. The Bratwursts comply with a composition that is ascertained by the decision of the Board for Law, Economy and Employment dating 18.3.1998 (Recipe of the sausages)