Section 26 of GIG Act, 1999 : Section 26: Protection To Certain Trade Marks

GIG Act, 1999

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Explanation using Example

Imagine a company, "Himalaya Textiles," has been using a trademark that includes the term "Darjeeling" for its line of fabrics since the 1980s, suggesting that the fabrics are of a quality associated with the Darjeeling region, known for its tea. The term "Darjeeling" is later recognized as a geographical indication (GI) for tea.

Application of Section 26(1): Since "Himalaya Textiles" has been using the "Darjeeling" trademark in good faith before the GI was recognized, this section protects the company's right to continue using its trademark without infringing on the GI rights for "Dar...

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