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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Geographical Indications of Goods

A firm has obtained a trade mark registration containing the name of a region, for shawls not made in that region, and the use of the name is of a nature to mislead persons about the true place of origin. What does the GI Act, 1999 require of the Registrar of Trade Marks?

The Registrar of Trade Marks must refuse or invalidate the registration, either on his own motion or at the request of an interested party, because the mark contains a geographical indication for goods not from that place and is likely to mislead people about the true place of origin.

  1. AAllow the mark to continue since it was already registered
  2. BRefuse or invalidate the registration, acting suo motu or at the request of an interested partyCorrect
  3. CConvert the trade mark into a registered GI in favour of the firm
  4. DAct only if the Central Government first issues a notification for that region

Explanation

Section 25(a) directs the Registrar of Trade Marks, notwithstanding the Trade Marks Act, to refuse or invalidate, suo motu or on request of an interested party, a mark containing a GI for goods not originating there where use would confuse or mislead as to true origin. No prior notification is needed for clause (a), which is the distractor's error.

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