45. Trade mark containing or consisting of a false geographical indication
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(1) The registration of a trade mark in respect of particular goods may be opposed on the ground that the trade mark contains or consists of a sign that is a geographical indication for other goods originating in—
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(a) a country, or in a region or locality in a country, other than the country in which the relevant goods originated; or
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(b) a region or locality in the country in which the relevant goods originated other than the region or locality in which the relevant goods originated.
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(2) An opposition on a ground referred to in subsection (1) fails if the applicant establishes that—
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(a) the relevant goods originated in the country, region or locality identified by the geographical indication;
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(b) the sign has ceased to be used as a geographical indication for the designated goods in the country in which the designated goods originated; or
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(c) the applicant, or a predecessor in title of the applicant, used the sign in good faith in respect of the relevant goods, or applied in good faith for the registration of the trade mark in respect of the relevant goods, before—
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(i) the commencement of this Act, or
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(ii) the day on which the sign was recognised as a geographical indication for the designated goods in their country of origin,
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whichever is the later; or
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(d) if the registration of the trade mark is being sought in respect of wine or spirits and the sign is identical with the name that, on the date of commencement of this Act, was, in the country in which the wine or spirits originated, the customary name of a variety of grapes used in the production of the other wine or spirits.
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(3) In addition to subsection (2), an opposition on a ground referred to in subsection (1) fails if the applicant establishes that—
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(a) although the sign is a geographical indication for the designated goods, it is also a geographical indication for the relevant goods; and
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(b) the applicant has not used, and does not intend to use, the trade mark in relation to the relevant goods in a way that is likely to deceive or confuse members of the public as to the origin of the relevant goods.
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(4) In this section—
“relevant goods” means the particular goods for which registration is opposed under subsection (1);
“designated goods” means the other goods referred to in subsection (1).