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

A trader in Kochi proposes to register 'Malabar Heritage Spice' as a geographical indication. Evidence shows the name has lost its original meaning and has become the common name for a kind of spice mix sold across India. Under the GI Act, 1999, what is the position?

The name cannot be registered. The Act prohibits registration of generic names or indications, meaning names that once pointed to a place but have lost that meaning and become the common name of the goods. Original production in the region does not override this bar.

  1. AIt cannot be registered because it has become a generic name or indication of goodsCorrect
  2. BIt can be registered because the goods were originally produced in Malabar
  3. CIt can be registered only if the Registrar waives the objection on payment of a higher fee
  4. DIt can be registered only as a homonymous indication

Explanation

Section 9(f) bars registration of indications determined to be generic names, which are not or have ceased to be protected in the country of origin or have fallen into disuse. Explanation 1 defines generic names as names that relate to the place of origin but have lost their original meaning and become the common name of the goods. Original production in Malabar therefore does not save the application.

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