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

A GI registered on 10 March 2014 was due for renewal on 10 March 2024. The proprietor did nothing, and the Registrar had sent the expiry notice. On 5 August 2024 the proprietor applied in the prescribed form with the prescribed fee and surcharge. What is the likely outcome?

The Registrar must renew the GI for ten years and cannot remove it, because the proprietor applied in the prescribed form with fee and surcharge within six months of expiry. Restoration is a separate remedy that applies only after removal and after six months.

  1. AThe Registrar must renew it for ten years, since the application was within six months of expiry, and cannot remove it from the registerCorrect
  2. BThe Registrar may restore it only after one year from expiry
  3. CThe GI is permanently lost because the renewal date was missed
  4. DThe Registrar may renew only for five years because of the delay

Explanation

The proviso bars removal if the form, fee and surcharge are filed within six months of expiry, and renewal is for ten years. Six months from 10 March 2024 ends 10 September 2024, so 5 August 2024 is in time. Restoration applies only after six months and within one year, and only after removal.

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