Skip to content

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

A geographical indication was removed from the register for failure to pay the renewal fee. A rival applies six months after removal to register another geographical indication. How is the removed indication treated for that application?

For one year after removal, the removed indication is deemed to be on the register for another application, unless the Registrar or High Court is satisfied there was no bona fide trade use in the two years before removal, or no deception or confusion would arise.

  1. AIt is ignored immediately after removal
  2. BIt is deemed to be on the register for one year after removal, unless the Registrar or High Court is satisfied of no bona fide trade use in the preceding two years or no likely deception or confusionCorrect
  3. CIt is deemed to be on the register for five years after removal in all cases
  4. DIt is deemed to be on the register permanently

Explanation

Section 19 treats a removed indication as still on the register for applications during one year after removal. The exceptions are no bona fide trade use within two years before removal, or no likely deception or confusion from earlier use. Five years or permanence is not provided.

Did you get it right without looking?

One question tells you little. A timed set on Law relating to Geographical Indications of Goods shows your real accuracy, how long you take and where you lose marks.

Practise Law relating to Geographical Indications of GoodsFree diagnostic mock

More Law relating to Geographical Indications of Goods questions