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Bare acts > Geographical Indications of Goods (Registration and Protection) Rules, 2002 > Rule 72
 
  


 

72. Advertisement before decision and opposition etc.- (1)The Registrar shall consider the application and shall, advertise the application in the Journal before deciding it.

(2) Within three months from the date of advertisement under sub-rule (1), or within such period not exceeding one month in the aggregate any person may give notice of opposition to the application on Form GI-2 and may also send therewith a statement of his objections. The notice and the statement, if any, shall be sent in triplicate. In case there are any authorised users under the registration of the geographical indication in question, such notice and statement may also be accompanied by as many copies thereof as there are authorised users. A copy each of the notice and statement shall be transmitted by the person giving notice to registered proprietor and authorised user if any or alternatively issue a public notice in al least two leading local newspapers circulated widely in the definite territory, region or locality to which the geographical indication relates. The Registrar shall forward within two months a copy of the notice and statement to the registered proprietor and within two months from the receipt by the registered proprietor of such copies from the Registrar, he shall send to the Registrar on Form GI-2 a counterstatement in triplicate of the grounds on which the opposition is contested. If the registered proprietor sends such a counter-statement the Registrar shall serve a copy thereof on the person giving notice of opposition within one month and the provisions of rules 44 to 51 shall thereafter apply mutatis mutandis to the further proceedings on the opposition. The Registrar shall not refuse the application merely because the registered proprietor has not filed a counterstatement unless he is satisfied that the delay in filing the counterstatement is wilful and is not justified by the circumstance of the case . In any case of doubt any party may apply to the Registrar for directions.

(3) If there is no opposition, within the time specified in sub-rule(2), the Registrar shall, after hearing the applicant if he so desires allow or refuse the application and shall communicate his decision in writing to the applicant.

 

 

 

 

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