61. Notice before removal of Geographical Indication or authorised user from register.- (1) At a date not less than one month and not more than three months before the expiration of the last registration of a geographical indication or authorised user, as the case may be, if no application on Form GI-4 or Form GI-3 as the case may be, for renewal of the registration of a geographical indication or of an authorized user together with the prescribed fee has been received, the Registrar shall notify the registered proprietor or the authorised user, as the case may be, or in the case of an association of persons or producers of a registered geographical indication each of the association of persons, producers registered as registered proprietors or the person authorised to act on their behalf, if any, in writing on Form O3 or O5, as the case may be, of the approaching expiration at the address of their respective principal places of business in India as entered in the register or where such registered proprietor or authorised user has no principal place of business in India at his address for service in India entered in the Register. (2) Where, in the case of a geographical indication or authorised user the registration of which (by reference to the date of application for registration) becomes due for renewal, the geographical indication or authorised user is registered at any time within six months before the date on which renewal is due, the registration may be renewed by the payment of the renewal fee within six months after the actual date of registration and where the renewal fee is not paid within that period the Registrar shall subject to rule 63, remove the geographical indication or authorised user from the register. (3) Where, in the case of a geographical indication or authorised user the registration of which (by reference to the date of application for registration) becomes due for renewal, the geographical indication or authorised user is registered after the date of renewal, the registration may be renewed by the payment of the renewal fee within six months of the actual date of registration and where the renewal fee is not paid within that period the Registrar shall, subject to rule 63, remove the geographical indication or authorized user from the register. |