Section 9 – Prohibition Of Registration Of Certain Geographical Indications

A geographical indication:

1. the use of which would be likely to deceive or cause confusion; or
2. the use of which would be contrary to any law for the time being in force; or
3. which comprises or contains scandalous or obscene matter; or
4. which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; or
5. which would otherwise be disentitled to protection in a court; or
6. which are determined to be generic names or indications of goods and are, therefore, not or ceased to be protected in their country of origin, or which have fallen into disuse in that country; or
7. which, although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be, shall not be registered as a geographical indication.

Explanation 1 - For the purposes of this section, "generic names or indications", in relation to goods, means the name of a goods which, although relates to the place or the region where the goods was originally produced or manufactured, has lost its original meaning and has become the common name of such goods and serves as a designation for or indication of the kind, nature, type or other property or characteristic of the goods.

Explanation 2 - In determining whether the name has become generic, account shall be taken of all factors including the existing situation in the region or place in which the name originates and the area of consumption of the goods.