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CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Kavita Herbals registered a mark in India and obtained an international registration based on it. Three years after the international registration, the Indian registration was cancelled in respect of all the goods listed. What is the effect on the international registration under the Act?

The protection ceases. Under section 36D(5), if the basic registration is cancelled within five years of the international registration, the protection from the international registration ceases to have effect for the affected goods, regardless of consent.

  1. AThe international registration continues unaffected because it is independent of the Indian registration after one year
  2. BThe protection resulting from the international registration ceases to have effect, since cancellation occurred before five years expiredCorrect
  3. CThe international registration continues but only for the ten-year term and cannot be renewed
  4. DThe protection ceases only if Kavita Herbals consents to the cancellation

Explanation

Section 36D(5) provides that if, before the expiry of five years of an international registration, the basic registration is withdrawn, cancelled, expired or finally refused for all or some goods, the protection resulting from the international registration ceases to have effect. Cancellation at three years falls within this period. Consent is not required.

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