Where a geographical indication has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another geographical indication during one year, next after the date of removal, be deemed to be a geographical indication already on the register, unless the 1[Registrar or the High Court, as the case may be,] is satisfied either--
(a) that there has been no bona fide trade use of the geographical indication which has been removed within the two years immediately preceding its removal; or
(b) that no deception or confusion would be likely to arise from the use of the geographical indication which is the subject of the application for registration by reason of any previous use of the geographical indication which has been removed.
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Footnote:
1. Subs. by Act 33 of 2021, s. 22, for “tribunal” (w.e.f. 4-4-2021).