In 2015 Sunrise Foods applied, in good faith, to register the trade mark "SEVAPUR PEARL" for rice. In…
Section 26(1) protects a trade mark applied for, registered or used in good faith before the GI Act's commencement or before the date of the GI application, and says nothing…
Choose your answer
In 2015 Sunrise Foods applied, in good faith, to register the trade mark "SEVAPUR PEARL" for rice. In 2020 a growers' association applies to register "Sevapur Rice" as a geographical indication for rice from the Sevapur valley. Under section 26(1) of the GI Act, 1999, the registration of the geographical indication will:
Answer and explanation
Correct answer B
Section 26(1) protects a trade mark applied for, registered or used in good faith before the GI Act's commencement or before the date of the GI application, and says nothing in the Act "shall prejudice the registrability or the validity" of such a mark or the right to use it. Sunrise's application predates the GI application and was made in good faith. A licence from the producers' body is impossible in any case, since section 24 bars licensing.
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