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CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications

A cooperative in Karnataka applies to register the name of a local silk sari as a geographical indication. Records show that the name has lost its original place-based meaning and has become the common name for that kind of sari, so it is generic. What is the position under the Geographical Indications of Goods (Registration and Protection) Act, 1999?

The name cannot be registered. Section 9 prohibits registration of an indication determined to be generic, meaning a place-linked name that has lost its original meaning and become the common name of the goods. Payment of fees or product quality cannot overcome this statutory prohibition.

  1. AIt can be registered if the cooperative pays the prescribed fee
  2. BIt cannot be registered, because a name determined to be generic is barred from registration as a geographical indicationCorrect
  3. CIt can be registered, but only as a homonymous indication
  4. DIt can be registered if the Registrar finds the sari to be of high quality

Explanation

Section 9(f) bars registration of indications determined to be generic names of goods. Explanation 1 defines a generic name as one that, although it relates to the place where the goods were originally produced, has lost its original meaning and become the common name of the goods. Fee payment, quality or homonymous status does not cure this bar.

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