Section 10. Registration of homonymous geographical indications
Subject to the provisions of section 7, a homonymous geographical indication may be registered under this Act, if the Registrar is satisfied, after considering the practical conditions under which the homonymous indication in question shall be differentiated from other homonymous indications and the need to ensure equitable treatment of the producers of the goods concerned, that the consumers of such goods shall not be confused or misled in consequence of such registration.
Judgements applying section 10
Peru's LPA challenged a Single Judge order directing registration of its PISCO geographical indication only as PERUVIAN PISCO. The Division Bench held neither Peru nor Chile could own PISCO standalone due to likelihood of consumer confusion under Section 9(a), homonymous registration required an application, but…
17/2021 Page 1 of 47 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)-IPD 17/2021, CM 139/2022 & CM 59/2023 ASOCIACION DE PRODUCTORES DE PISCO A.G. .....Petitioner Through: Ms. Shwetasree Majumder, Mr. Aditya Verma, Mr. Rohan Krishna