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CHAPTER IV RENEWAL OF REGISTRATION AND RESTORATION

CHAPTER IV RENEWAL OF REGISTRATION AND RESTORATION

 

60. Renewal of registration.

 

(1) An application for the renewal of the registration of a geographical Indication or an authorised user of a registered geographical indication shall be made on Form GI-4 or Form GI-3 as the case may be and may be made at any time not more than six months before the expiration of the last registration of the Geographical Indication or the authorised user.
(2) Such application for renewal must be filed by the person who is the proprietor of the registered geographical indication failing which by any of the authorised users on record, as the case may be.
(3) If the proprietor, as set forth in the application for renewal is not the same person or the same legal entity as the registrant shown in the registration, continuity of title from the registrant to the present owner must be shown in the first instance.
(4) The Registrar may accept an application for renewal from the managing trustee, executors, administrators and the like, when supported by court order or other evidence of such persons authority to act on behalf of the present proprietor.
(5) For the removal of doubt, it is clarified that where the registered proprietor of the geographical indication has ceased to exist, the renewal of the registered geographical indication shall be effected by any of the authorised users of the registered geographical indication acting collectively whose name has been entered in Part B of the register on the due date of renewal.
(6) Before issuing a renewal certificate, the Registrar may call upon the registered proprietor to file an affidavit concerning the use of the registered geographical indication in India where he has reasons to believe that the registered geographical indication may not be in use in the market.

 

61. Notice before removal of Geographical Indication or authorised user from register.

 

(1) At a date not less than one month and not more than three months before the expiration of the last registration of a geographical indication or authorised user, as the case may be, if no application on Form GI-4 or FormGI-3 as the case may be, for renewal of the registration of a geographical indication or of an authorised user together with the prescribed fee has been received, the Registrar shall notify the registered proprietor or the authorised user, as the case may be, or in the case of an association of persons or producers of a registered geographical indication each of the association of persons, producers registered as registered proprietors or the person authorised to act on their behalf, if any, in writing on Form O3 or O5, as the case may be, of the approaching expiration at the address of their respective principal places of business in India as entered in the register or where such registered proprietor or authorised user has no principal place of business in India at his address for service in India entered in the Register.
(2) Where, in the case of a geographical indication or authorised user the registration of which (by reference to the date of application for registration) becomes due for renewal, the geographical indication or authorised user is registered at any time within six months before the date on which renewal is due, the registration may be renewed by the payment of the renewal fee within six months after the actual date of registration and where the renewal fee is not paid within that period the Registrar shall subject to rule 63, remove the geographical indication or authorised user from the register.
(3) Where, in the case of a geographical indication or authorised user the registration of which (by reference to the date of application for registration) becomes due for renewal, the geographical indication or authorised user is registered after the date of renewal, the registration may be renewed by the payment of the renewal fee within six months of the actual date of registration and where the renewal fee is not paid within that period the Registrar shall, subject to rule 63, remove the geographical indication or authorised user from the register.

 

62. Advertisement of removal of geographical indication or the authorised user from the register.-

 

If at the expiration of last registration of a geographical indication or an authorised user, the renewal fees has not been paid, the Registrar may remove the geographical indication or the authorised user, as the case may be, from the register and advertise the fact forthwith in the Journal.

Provided the Registrar shall not remove the geographical indication or the authorised user from the Register if an application is made in Form GI-4 within six months from the expiration of the last registration of the geographical indication or the authorised user accompanied by prescribed fees and appropriate surcharge.

 

63. Restoration and renewal of registration.

 

An application for the restoration of a geographical indication or authorised user to the register and renewal of its registration under sub-section (5) of section 18, shall be made in Form GI-4 after six months and within one year from the expiration of the last registration of the geographical indication or the authorised user as the case may be, accompanied by the prescribed fee. The Registrar shall, while considering the request for registration, have regard to the interest of the persons who have either applied or registered identical or deceptively similar geographical indication or other affected persons in the intervening period.

 

64. Notice and advertisement of renewal and restoration.

 

Upon the renewal or restoration and renewal of registration, a notice to that effect shall be sent to the registered proprietor or the concerned authorised user and the said renewal or restoration and renewal shall be advertised in the Journal.

 

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