Chapters & Sections

CHAPTER I
Rule 1 Rule 2 Rule 3 Rule 4 Rule 5 Rule 6 Rule 7 Rule 8 Rule 9 Rule 10 Rule 11 Rule 12 Rule 13 Rule 14 Rule 15 Rule 16 Rule 17 Rule 18 Rule 19 Rule 20 Rule 21 Rule 22
CHAPTER II
Rule 23 Rule 24 Rule 25 Rule 26 Rule 27 Rule 28 Rule 29 Rule 30 Rule 31 Rule 32 Rule 33 Rule 34 Rule 35 Rule 36 Rule 37 Rule 38 Rule 39 Rule 40 Rule 41 Rule 42 Rule 43 Rule 44 Rule 45 Rule 46 Rule 47 Rule 48 Rule 49 Rule 50 Rule 51 Rule 52 Rule 53 Rule 54 Rule 55
CHAPTER III
Rule 56 Rule 57 Rule 58 Rule 59
CHAPTER IV
Rule 60 Rule 61 Rule 62 Rule 63 Rule 64
CHAPTER V
Rule 65 Rule 66 Rule 67 Rule 68 Rule 69 Rule 70 Rule 71 Rule 72 Rule 73
CHAPTER VI
Rule 74 Rule 75 Rule 76
CHAPTER VII
Rule 77 Rule 78 Rule 79 Rule 80 Rule 81
CHAPTER VIII
Rule 82 Rule 83 Rule 84 Rule 85 Rule 86 Rule 87 Rule 88 Rule 89 Rule 90 Rule 91 Rule 92 Rule 93 Rule 94 Rule 95 Rule 96 Rule 97 Rule 98 Rule 99 Rule 100 Rule 101 Rule 102 Rule 103 Rule 104 Rule 105 Rule 106 Rule 107 Rule 108 Rule 109 Rule 110 Rule 111 Rule 112 Rule 113 Rule 114 Rule 115 Rule 116

CHAPTER VI Home

Special Provisions relating to Trade Marks
RULE 75. REFUSAL OR INVALIDATION OF REGISTERED TRADE MARK 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 the applicant or the registered proprietor of the trade mark, as the case may be, in writing, stating the reasons for such decision.

Thereafter, the Registrar shall decide the matter after giving the applicant or the registered proprietor of the trade mark, as the case may be, 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 trade mark which conflicts 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 the case of a 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 the case of a request for invalidation, the Registrar of Trade Marks 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 the further proceedings on the matter.

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