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[Cites 0, Cited by 0] [Section 74] [Entire Act]

Union of India - Subsection

Section 74(2) in The Geographical Indications Of Goods (Registration And Protection) Rules, 2002

(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 Trade Marks 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 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 further proceedings on the matter.