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CHAPTER VI SPECIAL PROVISIONS RELATING TO TRADEMARKS

CHAPTER VI SPECIAL PROVISIONS RELATING TO TRADEMARKS

 

74. Refusal or Invalidation of Registration of Trademarks.

 

(1) Where the Registrar of Trade Marks on his own motion decides to refuse the registration of a trade mark or invalidate a registered trade mark pursuant to sub-section (a) of Section 25 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, he shall in writing notify the applicants or the registered proprietor of the trade mark , as the case may be, stating the reason for the same. Thereafter, the Registrar shall decide the matter after giving the applicant or the registered proprietor of the trademark, as the case may be, an opportunity of being heard.
(2) A request under sub-section (a) of section 25 to refuse a trade mark or invalidate a registered trade mark which contains or consists of a geographical indication not originating in the territory of a country, or a region, or locality in that territory which such geographical indication indicates , which is likely to cause confusion or mislead persons as to the true place of origin of such goods or class or classes of goods shall be made in the prescribed form under the Trade Marks Rules, 2002. Thereafter, in case of a request for refusal the Registrar of Trademarks shall forward the same to the applicant and provide an opportunity of being heard to the applicant. In case of a request for invalidation, the Registrar of Trademarks shall forward the request to the registered proprietor and the procedure set out in Rule 93 of the Trade Marks Rules, 2002 shall apply mutatis mutandis to further proceedings on the matter.

 

75. Refusal or Invalidation of Registered Trademark Conflicting with a geographical indication notified under Section 22(2).

 

(1) Where the Registrar of Trade Marks on his own motion decides to refuse an application or invalidate the registration of a trade mark pursuant to sub-section (b) of Section 25 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, he shall notify in writing to the applicant or the registered proprietor of the trade mark, as the case may be, stating the reasons for the same. Thereafter, the Registrar shall decide the matter after giving the applicant or the registered proprietor of the trademark an opportunity of being heard.
(2). Refusal or invalidation under Section 25(b) of notified geographical indications. – A request under sub-section (b) of section 25 to refuse an application for the registration of a trade mark or invalidate a registered trademark which conflict with or which contains or consists of a geographical indication identifying goods or class or classes of goods notified under sub-section (2) of section 22 shall be made in the prescribed form under the Trade Marks Rules, 2002. Thereafter, in case of request for refusal, the Registrar of Trade Marks shall forward the same to the applicant and provide an opportunity of being heard to the applicant. In case of request for invalidation, the Registrar of Trade Mark shall forward the request to the registered proprietor and the procedure set out in Rule 93 of the Trade Marks Rules, 2002 shall apply mutatis mutandis to further proceedings on the matter.

 

76. Publication of refusal or invalidation of Geographical indications.

 

(1) The Registrar of Trade Marks shall record and publish a reference to the refusal or the invalidation of the registration of a trade mark pursuant to section 25 of the Geographical Indications of Goods (Registration and Protection) Act, 1999 and forwarded a copy of the publication to the Registrar of Geographical Indications.
(2). The publication of the reference to the refusal or the invalidation of the registration of a trademark pursuant to section 25 of the Geographical Indication of Goods (Registration and Protection) Act, 1999 shall include:
(a) the representation of the mark;
(b) the application or registration number of the trademark, as the case may be;
(c) the name and address of the applicant or the registered proprietor, as the case may be;
(d) the date of application or the date of registration in the case of a registered trademark, as the case may be;
(e) the list of goods or class of goods in respect of which the trademark was applied for or was registered; and
(f) a summary of the ground on which the application for registration of a trademark had been refused or the registration of the registered trade mark was invalidated.

 

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