TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 62
Trade mark in respect of wine etc. containing or consisting of a false geographical indication
TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 62
Trade mark in respect of wine etc. containing or consisting of a false geographical indication
62.(1) If the application is for the registration of a trade mark in respect
of wine or spirits ("relevant wine or spirits"), the registration may be
opposed on the ground that the trade mark contains or consists of a sign that
is a geographical indication for wine or spirits ("designated wine or
spirits") originating in:
(a) a country, or in a region or locality in a country, other than the
country in which the relevant wine or spirits originated; or
(b) a region or locality in the country in which the relevant wine or
spirits originated other than the region or locality in which the
relevant wine or spirits originated.
Note: For "geographical indication" see section 5.
(2) The opposition fails if the applicant establishes that:
(a) the relevant wine or spirits originated in the country, region or
locality identified by the geographical indication; or
(b) the sign has ceased to be used as a geographical indication for the
designated wine or spirits in the country in which the
designated wine or spirits originated; or
(c) the applicant, or a predecessor in title of the applicant, used the
sign in respect of the relevant wine or spirits, or applied for the
registration of the trade mark in respect of the
relevant wine or spirits, before:
(i) 1 January 1996; or
(ii) the day on which the sign was recognised as a geographical
indication for the designated wine or spirits in their country
of origin; whichever is later; or
(d) the sign is identical with the name that, on 1 January 1995, was, in
the country in which the relevant wine or spirits originated, the
customary name of a variety of grapes used in the production of the
relevant wine or spirits.
(3) The opposition also fails if the applicant establishes that:
(a) although the sign is a geographical indication for the designated wine
or spirits, it is also a geographical indication for the
relevant wine or spirits; and
(b) the applicant has not used, and does not intend to use, the trade mark
in relation to the relevant wine or spirits in a way that is likely to
deceive or confuse members of the public as to the origin of the
relevant wine or spirits.