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1. The protection of a geographical indication shall not prejudice the validity of a prior trade mark at Union, regional or national level applied for or registered in good faith, or acquired through use in good faith in the territory of a Member State, regional union of Member States or the Union.

2. A geographical indication registered in the International Register shall not be protected in the territory of the Union where, in the light of a trade mark’s reputation and renown and the length of time it has been used, protection of that geographical indication in the territory of the Union would be liable to mislead the consumer as to the true identity of the product.

3. Without prejudice to paragraph 2, a trade mark which has been applied for or registered in good faith, or acquired through use, if that possibility is provided for by the applicable law, in good faith within the territory of a Member State, regional union of Member States or the Union, before the date on which the International Bureau has notified the Commission of the publication of the International Registration of the geographical indication, and the use of which would contravene the protection of the geographical indication, may continue to be used and renewed for the product concerned notwithstanding the protection of the geographical indication, provided that no grounds for invalidity or revocation exist under Regulation (EU) 2017/1001 of the European Parliament and of the Council () or under Directive (EU) 2015/2436 of the European Parliament and the Council (). In such cases, both the use of the geographical indication and the use of the trade mark concerned shall be permitted.