The Geographical Indications of Goods (Registration and Protection) Act, 1999 — back to Table of Contents
Section 26. Protection to certain trade marks
A trade mark containing or consisting of a geographical indication is protected from this Act’s effects if it was applied for, registered, or used in good faith either before this Act commenced or before the filing date of the corresponding geographical indication application. Such a trade mark’s validity, registrability, or use is not undermined merely because it is identical or similar to the later-registered geographical indication.
The Act also does not apply where the geographical indication had, by 1 January 1995, already become a customary common name for the goods in some part of India, nor does it prevent a person from using their own name (or a predecessor’s business name) in trade — unless done in a way that confuses or misleads. Separately, action against a conflicting trade mark’s use or registration must generally be brought within five years of the infringement becoming known, or from the trade mark’s registration date, unless the geographical indication was used or registered in bad faith.
