20 Trade mark that contains geographical indication must not be registered in certain circumstances

(1)

The Commissioner must not register a trade mark if—

(a)

a registered geographical indication for a wine or spirit exists under the Geographical Indications (Wine and Spirits) Registration Act 2006 and—

(i)

the trade mark contains the registered geographical indication for a wine or spirit; and

(ii)

the trade mark relates to a wine or spirit that does not originate in the place of geographical origin to which the registered geographical indication relates; and

(iii)

the use of the trade mark is likely to deceive or confuse; or

(b)

an application for registration of a geographical indication for a wine or spirit has been made in good faith under the Geographical Indications (Wine and Spirits) Registration Act 2006 and—

(i)

the trade mark contains the geographical indication that is the subject of the application for registration; and

(ii)

the trade mark relates to a wine or spirit that does not originate in the place of geographical origin to which the geographical indication relates; and

(iii)

the use of the trade mark is likely to deceive or confuse; and

(iv)

if registered, the deemed date of registration of the geographical indication is earlier than the deemed date of registration of the trade mark (if registered).

(2)

This section does not apply if the Commissioner or the court, as the case may be, considers that a case of honest concurrent use exists that, in the opinion of the Commissioner or the court, makes it proper for the trade mark to be registered, subject to any conditions that the Commissioner or the court may impose.

Compare: 2006 No 60 ss 14–17

Section 20: replaced, on 27 July 2017, by section 63 of the Geographical Indications (Wine and Spirits) Registration Act 2006 (2006 No 60).