36In that context, as pointed out by the Czech Government and the Commission, Article 28(2) of the regulation, which establishes a derogating and transitional measure, only refers to a trade mark or to a brand name which already existed before 1 January 2005 and which can be considered a nutrition or health claim within the meaning of the regulation. Foods bearing such a trade mark or such a brand name may continue to be marketed until 19 January 2022.
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