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Section 37: Withdrawal of acceptance by the Registrar

The Geographical Indications of Goods (registration and Protection) Rules, 2002Central Rules · 1999

(1) If, after the acceptance of an application but before the registration of the geographical indication , the Registrar has any objection to the acceptance of the application on the ground that it was accepted in error, or that the geographical indication ought not to 11 have been accepted in the circumstances of the case, or proposes that the geographical indication should be registered only subject to conditions or limitations, or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted, the Registrar shall communicate such objection in writing to the applicant.

(2) Unless within thirty days from the date of the communication mentioned in sub-rule (1) the applicant amends his application to comply with the requirements of the Registrar or applies for a hearing , the acceptance of the application shall be deemed to be withdrawn by the Registrar, and the application shall proceed as if it had not been accepted.

(3) Where the applicant intimates the Registrar within the period mentioned in sub-rule (2) that he desires to be heard, the Registrar shall give notice to the applicant of a date when he will hear him. Such appointment shall be for a date at least 15 days after the date of the notice, unless the applicant consents to a shorter notice. The applicant may state that he does not desire to be heard and submit such submissions as he may consider desirable.

(4) The Registrar may, after hearing the applicant and on considering the submissions, if any, of the applicant pass such orders as he may deem fit.

ADVERTISEMENT OF APPLICATION

Where this provision sits

ActThe Geographical Indications of Goods (registration and Protection) Rules, 2002
Section37
Marginal noteWithdrawal of acceptance by the Registrar
JurisdictionCentral
StatusIn force as published by the source

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