CHAPTER – 12
RENEWAL
OF REGISTRATION AND RESTORATION
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12.01 |
An application for the
renewal of the registration of a geographical Indication or an authorised
user of a registered geographical indication shall be made on Form GI-4 or Form GI-3. It can be made at any time
not more than six months before the expiration of the last registration of
the Geographical Indication or the authorised user. Notice before removal of Geographical Indication or
authorised user from register. If
no application on Form GI-4 or Form GI-3 as the case may be, for renewal of
the registration of a geographical indication or of an authorised user
together with the prescribed fee has been received, the Registrar shall
notify the registered proprietor or the authorised user, as the case may be,
within a period of not less than one month and not more than three months
before the expiration of the last registration, of the approaching expiration
of the GI and the renewal due information in writing on Form - O3 or O5, as
the case may be. If no application on Form
GI-4 or Form GI-3 as the case may be, for renewal of the registration of a
geographical indication or of an authorised user together with the prescribed
fee has been received the Registrar shall notify the registered proprietor or
the authorised user of the approaching expiration of the GI and the renewal
due information in writing on Form - O3 or O5, as the case may be. In the case of an
association of persons or producers of a registered geographical indication
each of the association of persons, producers registered as registered
proprietors or the person authorised to act on their behalf would be
intimated. This information would be
communicated to the address of their respective principal places of business
in Advertisement of removal of geographical indication
or the authorised user from the register If at the expiration of
last registration of a geographical indication or an authorised user, the
renewal fee has not been paid, the Registrar may remove the geographical
indication or the authorised user, as the case may be, from the register and
advertise the fact forthwith in the Journal.
Provided the Registrar shall not remove the
geographical indication or the authorised user from the Register if an
application is made in Form GI-4 within six months from the expiration of the
last registration of the geographical indication or the authorised user. Restoration and renewal of registration An application for the
restoration of a geographical indication or authorised user to the register
and renewal of its registration, shall be made in Form GI-4 after six months
and within one year from the expiration of the last registration of the
geographical indication or the authorised user as the case may be. Notice and advertisement of renewal and restoration Upon the renewal or
restoration and renewal of registration, a notice to that effect shall be
sent to the registered proprietor or the concerned authorised user and the
said renewal or restoration and renewal shall be advertised in the Journal. |