Geographical Indications of Goods (Registration and Protection) Act, 1999

Chapter V: Special Provisions Relating To Trade Marks and Prior Users

25. Prohibition of Registration of Geographical Indication as Trade Mark.-

Notwithstanding anything contained in the Trade Marks Act, 1999, the Registrar of Trade Marks referred to in section 3 of that Act, shall, suo-motu or at the request of an interest d party, refuse or invalidate the registration of a trade mark which-

a.   contains or consists of a geographical indication with respect to the goods or class or classes of goods not originating in the territory of a country, or a region or locality in that territory which such geographical indication indicates, if use of such geographical indications in the trade mark for such goods, is of such a nature as to confuse or mislead the persons as to the true place of origin of such goods or class or classes of goods;

b.   contains or consists of a geographical indication identifying goods or class or classes of goods notified under sub-section (2) of section 22.