INTELLECTUAL PROPERTY RIGHTS

RELATING
TO
LAW
272 processing or
pre
factors, and the
in such
production,
territory, region or localitrationparation of whieh
the
takes place
case may
be; to wnch the geographical i
(b) the
class of goods
apply the of
ication dhall
map of the territory ountry or res
ca-
(c) the geographical in which the goods orioi.
locality in the country originate or areegion or
manufactured;
regarding the appearance of th being
(d) the particulars
indication as to whether it is comprised of
figurative elements or both;
eographica
the words
(e) a statement containing such particulars of the nrod...
concerned goods, if any, proposed to be oducers
initially registere of the
the geographical
the registration of indications a ith
prescribed; and may be
such other particulars as may be prescribed.
C. Geographical Indications which are not Registrable
According to Section 9 a geographical Indicatíon :
)the of which would be likely to deceive
use
or cause confusion
or 51on,
) the use of which would be
in force; or contrary to any law for
the time being
(ii) which comprises
(iv)
or
contains scandalous or obscene
matter;
which comprises or or
religious susceptibilitiescontains. any matter
of any class or likely to hurt
section of the
the
India; or citizens of
(v) which would
otherwise be disentitled to
(vi) which are
determined to be protection in a Court; or
and are,
therefore, not
generic names or indications of goods
ceased to be
or
of origin, or
which have fallen into
protected in their country
(vii) which, disuse in that country; or
although
locality in which theliterally true as to the territory,
persons that the goodsgoods, region
originate, but falsely represent
indication; shall not be 0n
shall not be registered
geograpcaal as a
Imperial registered
Calcutta Tobacco Co. Ltd. geographical
In as a
the
The
indication.
High Court refused v.
Registrar of Trademarks [Link]., rar
register SIMLA" as Trademarks
the
prayer
geographical name is for trademark plaintiff
who wan of ted to
embarrass not cigarettes. The Court
the
trade, or registerable as at amous
held tna
Geographical traders in or trademark as it may per or
clear in India names cannot
around the locality in
TV v. be used
India as future
trademarks.
Broadcast Live LLC& This was a was also made
1. AIR 1977 Cal Ors."
2. MIPR 2007 413.
(2) 396.