In the case of homonymous designations for spirit drinks, protection shall be granted to each designation. The Contracting Parties will lay down the practical conditions under which the homonymous designations in question will be differentiated, taking into account the need to treat the producers concerned fairly and to avoid misleading the consumer.
Provisions of this Agreement shall in no way prejudice the right of any person to use, in the course of trade, their name or the name of their predecessor in a business, provided that such name is not used in such a manner as to mislead consumers.
Nothing in this Agreement shall oblige a Contracting Party to protect a designation of the other Contracting Party which is not protected or ceased to be protected in its country of origin or which has fallen into disuse in that country.
The Contracting Parties shall take all measures to ensure that, in cases where spirit drinks originating in the Contracting Parties are exported and marketed outside their territory, the protected names of one Contracting Party referred to in this Agreement are not used to designate and present spirit drinks originating in the other Contracting Party.
To the extent that the relevant legislation of the Contracting Parties allows, the benefit of the protection given by this Agreement shall be extended to individuals and corporations and to federations, associations and organizations of producers, traders or consumers whose headquarters are in the other Contracting Party.
If the description or presentation of a spirit drink, particularly on the label or in the official or commercial documents or in advertising, is in breach of this Agreement, the Contracting Parties shall apply administrative measures or initiative legal proceedings as appropriate in order to combat unfair competition or prevent any other form or wrongful use of the protected named.
This Agreement shall apply, on one hand, to the territories in which the Treaty establishing the European Community is applied and under conditions laid down in that Treaty and, on the other, to the territory of the United Mexican States.