Geographical Indications Rules 2019 · As enacted · Part 2 · Registration of Geographical Indication
25. Publication of application
Feedback & supportAn application for registration of a geographical indication that has been accepted must be published in the Geographical Indications Journal during such time as the Registrar may direct.
In the case of an application for registration of a geographical indication mentioned in section 41(4) or (6) of the Act that is to be registered with the consent of the proprietor of a trade mark, the publication of the application in the Geographical Indications Journal must include the words “By Consent” and the registration number of that trade mark, where applicable.
The publication of an application for registration of a homonymous geographical indication in the Geographical Indications Journal must include —
the practical conditions that are to be imposed under section 42(2) of the Act to differentiate the homonymous geographical indication from the earlier geographical indication; and
details of the earlier geographical indication.
If, as at the date of the publication mentioned in paragraph (3), the application for registration of the earlier geographical indication has been published in the Geographical Indications Journal but the earlier geographical indication has not been registered, the entry in the Geographical Indications Journal for the application for registration of the earlier geographical indication must be amended to include —
the practical conditions that are to be imposed under section 42(2) of the Act to differentiate the earlier geographical indication from the homonymous geographical indication; and
details of the homonymous geographical indication.
If, as at the date of the publication mentioned in paragraph (3), the application for registration of the earlier geographical indication has not been published in the Geographical Indications Journal, the entry in the Geographical Indications Journal for the application for registration of the earlier geographical indication must include —
the practical conditions that are to be imposed under section 42(2) of the Act to differentiate the earlier geographical indication from the homonymous geographical indication; and
details of the homonymous geographical indication.
Subregulation 1
An application for registration of a geographical indication that has been accepted must be published in the Geographical Indications Journal during such time as the Registrar may direct.
Subregulation 2
In the case of an application for registration of a geographical indication mentioned in section 41(4) or (6) of the Act that is to be registered with the consent of the proprietor of a trade mark, the publication of the application in the Geographical Indications Journal must include the words “By Consent” and the registration number of that trade mark, where applicable.
Subregulation 3
The publication of an application for registration of a homonymous geographical indication in the Geographical Indications Journal must include —
the practical conditions that are to be imposed under section 42(2) of the Act to differentiate the homonymous geographical indication from the earlier geographical indication; and
details of the earlier geographical indication.
Subregulation 4
If, as at the date of the publication mentioned in paragraph (3), the application for registration of the earlier geographical indication has been published in the Geographical Indications Journal but the earlier geographical indication has not been registered, the entry in the Geographical Indications Journal for the application for registration of the earlier geographical indication must be amended to include —
the practical conditions that are to be imposed under section 42(2) of the Act to differentiate the earlier geographical indication from the homonymous geographical indication; and
details of the homonymous geographical indication.
Subregulation 5
If, as at the date of the publication mentioned in paragraph (3), the application for registration of the earlier geographical indication has not been published in the Geographical Indications Journal, the entry in the Geographical Indications Journal for the application for registration of the earlier geographical indication must include —
the practical conditions that are to be imposed under section 42(2) of the Act to differentiate the earlier geographical indication from the homonymous geographical indication; and
details of the homonymous geographical indication.