75. Refusal or Invalidation of Registered Trade Mark Conflicting with a geographical indication notified under Section 22(2).- (1) Where the Registrar of Trade Marks on his own motion decides to refuse an application or invalidate the registration of a trade mark pursuant to sub-section (b) of Section 25 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, he shall notify in writing to the applicant or the registered proprietor of the trade mark, as the case may be, stating the reasons for the same. Thereafter, the Registrar shall decide the matter after giving the applicant or the registered proprietor of the trade mark, as the case may be, an opportunity of being heard. (2). Refusal or invalidation under Section 25(b) of notified geographical indications .-A request under sub-section (b) of section 25 to refuse an application for the registration of a trade mark or invalidate a registered trademark which conflict with or which contains or consists of a geographical indication identifying goods or class or classes of goods notified under sub-section (2) of section 22 shall be made in the prescribed form under the Trade Marks Rules, 2002. Thereafter, in case of request for refusal, the Registrar of Trade Marks shall forward the same to the applicant and provide an opportunity of being heard to the applicant. In case of request for invalidation , the Registrar of Trade Mark shall forward the request to the registered proprietor and the procedure set out in Rule 93 of the Trade Marks Rules, 2002 shall apply mutatis mutandis to further proceedings on the matter. |