The Geographical Indications of Goods (Registration and Protection) Act, 1999 — back to Table of Contents
Section 9. Prohibition of registration of certain geographical indications
Certain geographical indications cannot be registered at all. These include indications whose use would be likely to deceive or confuse; that would be contrary to law; that are scandalous, obscene, or likely to hurt religious sensibilities; that would otherwise be disentitled to protection in court; that have become generic names no longer protected (or that have fallen into disuse) in their country of origin; or that, although geographically accurate, would falsely suggest the goods originate elsewhere.
A name is treated as “generic” when it has lost its original geographical meaning and instead simply denotes the kind, type, or characteristic of the goods — the assessment considers the situation both in the region of origin and in the areas where the goods are consumed.
