27. Power to cancel or vary registration and to rectify the register.—(1) On application made in
the prescribed manner to the 1
[High Court] or to the Registrar by any person aggrieved, the 2
[Registrar or
the High Court, as the case may be,] may make such order as it may think fit for cancelling or varying the
registration of a geographical indication or authorised user on the ground of any contravention, or failure
to observe the condition entered on the register in relation thereto.
(2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry
made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any
error or defect in any entry in the register, may apply in the prescribed manner to the 1
[High Court] or to
the Registrar, and the 2
[Registrar or the High Court, as the case may be,] may make such order for
making, expunging or varying the entry as it may think fit.
(3) The 2
[Registrar or the High Court, as the case may be,] may in any proceeding under this section
decide any question that may be necessary or expedient to decide in connection with the rectification of
the register.
(4) The 2
[Registrar or the High Court, as the case may be,], of its own motion, may, after giving
notice in the prescribed manner to the parties concerned and after giving them an opportunity of being
heard, make any order referred to in sub-section (1) or sub-section (2).
(5) Any order of the 1
[High Court] rectifying the register shall direct that notice of the rectification
shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify
the register accordingly.
28. Correction of register.—The Registrar may, on application made in the prescribed manner by
the registered proprietor or the authorised user,—
1. Subs. by Act 33 of 2021, s. 22, for “Appellate Board” (w.e.f. 4-4-2021).
2. Subs. by s. 22. ibid., for “tribunal” (w.e.f. 4-4-2021).
14
(a) correct any error in the name, address or description of the registered proprietor or the
authorised user, as the case may be, of a geographical indication, or any other entry relating to the
geographical indication on the register;
(b) enter any change in the name, address or description of the association of persons or of
producers or any ogranisation or authority, as the case may be, who is registered as proprietor of a
geographical indication on the register;
(c) cancel the entry of a geographical indication on the register;
(d) strike out any goods or class or classes of goods from those in respect of which a geographical
indication is registered from the register,
and may make any consequential amendment or alteration in the certificate of registration, and for that
purpose, may require the certificate of registration to be produced to him.
29. Alteration of registered geographical indications.—(1) The registered proprietor of a
geographical indication may apply in the prescribed manner to the Registrar for leave to add to or alter the
geographical indication in any manner not substantially affecting the identity thereof, and the Registrar
may refuse leave or may grant it on such terms and subject to such limitations as he may think fit.
(2) The Registrar may cause an application under this section to be advertised in the prescribed
manner in any case where it appears to him that it is expedient so to do, and where he does so, if within
the prescribed time from the date of the advertisement any person gives notice to the Registrar in the
prescribed manner of the opposition to the application, the Registrar shall, after hearing the parties if so
required, decide the matter.
(3) Where leave is granted under this section, the geographical indication as altered shall be
advertised in the prescribed manner, unless the application has already been advertised under
sub-section (2).
30. Adaptation of entries in register to amend or substitute classification of goods.—(1) The
Registrar shall not make any amendment of the register which would have the effect of adding any goods
or classes of goods to those in respect of which a geographical indication is registered (whether in one or
more classes) immediately before the amendment is to be made or antedating the registration of a
geographical indication in respect of any goods:
Provided that this sub-section, shall not apply when the Registrar is satisfied that compliance
therewith would involve complexity and that the addition or antedating, as the case may be, would not
affect any substantial quantity of goods and would not substantially prejudice the rights of any person.
(2) A proposal so to amend the register shall be brought to the notice of the registered proprietor and
every authorised user of the geographical indication affected and advertised in the prescribed manner, and
may be opposed before the Registrar by any person aggrieved on the ground that the proposed amendment
contravenes the provisions of sub-section (1).