CS Professional · Intellectual Property Rights - Law and Practice · Geographical Indications
A firm in Gujarat applies to register as a trade mark a name that consists of a geographical indication of a famous hill region. Its tea does not originate in that region, and using the name would mislead persons about the true place of origin of the tea. What does the Act require of the Registrar of Trade Marks?
The Registrar of Trade Marks must refuse or invalidate the registration, either suo motu or at the request of an interested party. Section 25 applies where a trade mark contains a geographical indication for goods not from that place and use would mislead people about the true origin.
- ARegister the mark but add a disclaimer
- BRegister the mark only if the firm pays an additional fee
- CRefuse or invalidate the registration, acting suo motu or at the request of an interested partyCorrect
- DRefer the matter to the Geographical Indications Registry, which alone may act on a request from an interested party
Explanation
Section 25(a) directs the Registrar of Trade Marks, notwithstanding the Trade Marks Act, to refuse or invalidate registration, suo motu or on request of an interested party, of a mark containing a geographical indication for goods not originating there where use would confuse or mislead as to true origin. A disclaimer or fee does not alter this duty.
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