Geographical Indications
Any person can oppose the
registration of geographical indication by giving a notice in
writing of opposition to the registrar within a period of three
months from the date of advertisement of the application in the
Journal.
Notice of Opposition
The Notice of Opposition has to
be given in triplicate setting out the grounds of opposition. Where
notice is given with respect to a single application, it shall bear
the fee with respect to each class of the application. Where
opposition is made with respect to a particular class for classes,
the application shall not proceed for registration unless the
applicant makes request for division of the application. In respect
of the remaining classes, the application shall proceed for
registration.
Verification of the Notice
Verification of the notice by
the opponent is a must. The opponent is required to state as to what
is verified by his knowledge and what is verified upon information
received and believed to be true. Such a verification shall be
signed by the opponent and shall also contain the date and place of
verification.
Counterstatement
The registrar shall serve a copy
of the notice to the applicant. The applicant has to send a counter
statement to the registrar within two months from the date of
receipt, stating the grounds that he relies on for making the
application. If the applicant does not do so, he shall be deemed to
have abandoned his application. Like the notice of opposition, the
counterstatement also has to be made in triplicate and has to be
verified by the applicant. The Registrar shall serve a copy of the
counterstatement to the opponent within a period of two months from
the date of receipt of the counterstatement.
Evidence
Within a period of two months
(extendible to three months) from the date of receipt of the
counterstatement, the opponent shall submit the evidence in support
of his application. Alternatively, he can intimate the registrar in
writing that he does not intend to adduce any evidence but only
desires to rely on the facts alleged in the notice. The opponent is
required to deliver the copies of the evidence that he has submitted
with the registrar to the applicant. If the opponent does not do so,
he shall be deemed to have abandoned his notice.
The applicant within the period of two months (extendible to three)
form the date of the receipt of the affidavit of the opponent or the
intimation that he does not desire to adduce the evidence, shall
adduce the evidence in support of his application with the registrar
and also deliver the copies of the evidence to the opponent. In case
the applicant does not desire to adduce any evidence but seeks to
rely on the facts in the counterstatement, he shall accordingly
intimate the registrar as well as the opponent. In case the
applicant relies on any evidence already left by him with the
registrar, he shall deliver a copy of the same with the opponent.
Within one month (extendible to two) from the date of receipt of
the evidence of the applicant, the opponent may submit further
evidence strictly in reply to the matters raised in the application
and deliver the copies of it to the applicant. Unless the registrar
grants a leave, no further evidence shall be left by either of the
parties.
Hearing and decision
Ordinarily, within three months
from the date of completion of the evidence, the registrar shall
give both the parties one-month notice of hearing. Within 14 days
from the date of the receipt of the notice the party who intends to
make an appearance shall intimate to the registrar. The party that
does not notify within that period shall be considered as not
desiring to be heard and the registrar shall proceed ex-parte.
A request for not more than two adjournments for a period of one
month each can be made by either of the parties by showing
sufficient cause. But if the applicant is not present at the
adjourned date of hearing of the application, the registrar shall
treat the application as dismissed. Similarly, if the opponent is
not present on the date of the hearing and has not notified his
intention to appear at the hearing, the opposition shall be deemed
to have been abandoned and the application shall proceed for
registration.After hearing the parties and considering the evidence
the registrar shall consider whether or subject to what limitations
the registration shall be granted. The registrar while considering
the applicant can also take into accounts the grounds that have not
been agitated by the opponent.
If the opponent after giving the notice and the applicant after
sending a counter statement does not reside or carry business in
India, the registrar may require such party to give security for the
cost of the proceedings being carried on before him.
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