74. Refusal or Invalidation of Registration of Trade Marks.- (1) Where the Registrar of Trade Marks on his own motion decides to refuse the registration of a trade mark or invalidate a registered trade mark pursuant to sub-section (a) of Section 25 of the Geographical Indications of Goods (Registration and Protection) Act, 1999, he shall in writing notify the applicants or the registered proprietor of the trade mark, as the case may be, stating the reason for the same. Thereafter, the Registrar shall decide the matter after giving the applicant or the registered proprietor of the trade mark, as the case may be, an opportunity of being heard. (2). A request under sub-section (a) of section 25 to refuse a trade mark or invalidate a registered trade mark which contains or consists of a geographical indication not originating in the territory of a country, or a region, or locality in that territory which such geographical indication indicates , which is likely to cause confusion or mislead persons as to the true place of origin of such goods or class or classes of goods shall be made in the prescribed form under the Trade Marks Rules, 2002. Thereafter, in case of a request for refusal the Registrar of Trade Marks shall forward the same to the applicant and provide an opportunity of being heard to the applicant. In case of a request for invalidation, the Registrar of Trade Marks shall forward the request to the registered proprietor and the procedure set out in Rule 93 of the Trade Marks Rules, 2002 shall apply mutatis mutandis to further proceedings on the matter. | 