Protection to certain trademarks:
Where a trademarks contains or consists of geographical indication and has been applied for or registered in good faith under the law relating to trademarks for the time being in force, or where rights to such trademark have been acquired through use in good faith either
- Before the commencement of this act; or
- Before the date of filing the application for registration of such geographical indication under this act;
Nothing contained in this act shall prejudice the registrability or the validity of the registration of such trademark under the law relating to the trademarks for the time being in force, or the rights to use such trademark, on the ground that such trademark is identical with or similar to such geographical indication.
Nothing contained in this act shall in any way prejudice the right of any person to use, in the course of trade, that person’s name or the name of that person’s predecessor in business, except where such name in used in such a manner as to confuse or mislead the people.
Notwithstanding anything contained in the trademarks act, 1999 or in this act, no action in connection with the use or registration of a trademark shall be taken after the expiry of five years from the date on which such use or registration infringes any geographical indication registered under this act has become known to the registered proprietor or authorised user registered under this act has become known to the registered proprietor or authorised user registered in respect of such geographical indication under this act or after the date of registration of the trademark under the said trade marks act subject to the conditions that the trademark has been published under the provision of the said trade marks act, 1999 or the rules made thereunder by that date, if such date is earlier than the date on which such infringement became known to such proprietor or authorised user and such geographical indication is not used or registered in bad faith.
Power to cancel or vary registration and to rectify the register:
- On application made in the prescribed manner to the appellate board or to the registrar by any person aggrieved, the tribunal may make such order as it may think fit for cancelling or varying the registration of a geographical indication or authorised user on the ground of any contravention, or failure to observe the condition entered on the register in relation thereto.
- Any person aggrieved by the absence or omission from the register of any entry or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the appellate board or to the registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit.
- The tribunal may in any proceeding under this section decide any question that may be necessary to expedient to decide in connection with the rectification of the register.
- The tribunal, of its own motion, may after giving notice in the prescribed manner to the parties concerned and after giving them in opportunity of being heard, make any order referred to in subsection (1) or subsection (2).
- Any order of the appellate board rectifying the register shall direct that notice of the rectification shall be served upon the registrar in the prescribed manner that shall upon receipt of such notice rectify the register accordingly.
Correction of register:
The registrar may, on application made in the prescribed manner by the registered proprietor or the authorised user
- Correct any error in the name, address or description of the registered proprietor or the authorised user, as the case may be, of a geographical indication or any other entry relating to the geographical indication on the register;
- Enter any change in the name, address or description of the association of persons or of producers or any organisation or authority, as the case may be, who is registered as proprietor of a geographical indication on the register;
- Cancel the entry of a geographical indication on the register;
- Strike out any goods or class or classes of goods from those in respect of which a geographical indication is registered from the register, and make any consequential amendment or alteration in the certificate of registration, and for that purpose may require the certificate or registration to be produced to him.
Alteration of registered geographical indication:
The registered proprietor of a geographical indication may apply in the prescribed manner to the registrar for leave to add or to alter the geographical indication in any manner not substantially affecting the identity thereof, and the registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit.
The registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person given notice to the registrar in the prescribed manner of the opposition to the application, the registrar shall, after hearing the parties if so required, decide the matter.
Where leave is granted under this section, the geographical indication as altered shall be advertised in the prescribed manner, unless the application has already been advertised under sub-section (2).
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