Conversely, a broader scope was conferred by the abolition carried out by Regulation 1151/2012, which eliminated the possibility of registering a TSG “without the reservation of the name’s use within the Union,” thus limiting the registration to purely indicative purposes. This possibility was previously contemplated by both Regulation 509/2006 and Regulation 2082/1992. Therefore, temporarily and until January 2023, only the institution of “registration with reservation of the name” remained. Regarding labeling, the solutions adopted for Traditional specialty guaranteed (TSG) products by Article 23 of Regulation 1151/2012 are analogous to those implemented by Article 12 of the same Regulation for Protected Designations of Origin (PDO) and Protected Geographical Indications (PGI). The use of the acronym TSG remains optional, whereas the use of the EU symbol as a figurative sign is mandatory, except in cases where TSG products are produced outside the territory of the Union. In such cases, the use of the EU symbol as a figurative sign is, of course, optional. Conversely, the prohibition in question assumed a markedly different significance when applied to collective trademarks. In this case, indeed, such prohibition must be coordinated with other domestic legal sources, namely those sources enacted to prevent conflicts with the first EC Regulations on PDOs, PGIs, and TSGs. These Regulations, dating back to 1992, employed, instead of the expression “Traditional Specialties Guaranteed” introduced by the EC Regulations of 2006, the term “Declarations of Specificity,” abbreviated as DS. The reference is to Article 53, paragraph 16, of Law No. 128 of 1998, as amended by Law No. 526 of 1999, pursuant to which the distinctive signs of products with PDO, PGI, and TSG designations are those specified in the specifications established by the Community Regulations. It is explicitly permitted that PDO, PGI, and TSG products may be identified by collective marks, registered and held by protection consortia in the exercise of the activities entrusted to them. In this regard, moreover, the aforementioned statutory provision permits the use of collective marks as distinctive signs of productions, provided that they conform to the specifications of the respective PDO, PGI, and TSG regulations and are certified by authorized control bodies, on the condition that such use is guaranteed to all producers involved in the control system of the respective productions. 2019, in Rivista di Diritto Industriale, Issue No. 4, 2019, p. 308. 386 FRANCESCO TORCHIA
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