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

Section 2(1)(c) of the GI Act, 1999 defines when one geographical indication is deceptively similar to another. Which test does it apply?

A geographical indication is deceptively similar to another if it so nearly resembles that other indication as to be likely to deceive or cause confusion. The test is likelihood of deception or confusion, not identical spelling, common State of origin or order of registration.

  1. AThe two indications are identical in spelling
  2. BThe first so nearly resembles the other as to be likely to deceive or cause confusionCorrect
  3. CThe two indications relate to goods from the same State
  4. DThe first was registered later than the other

Explanation

Section 2(1)(c) deems a geographical indication deceptively similar to another if it so nearly resembles that other as to be likely to deceive or cause confusion. Identity of spelling, State of origin or date of registration is not the test.

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