2° the amendment of the registration of a geographical indication for the reason that the
geographical region mentioned in the registration does not correspond to the geographical
indication, the reference to the goods for which the geographical indication is used, or the
reference to the quality, reputation or other feature of these goods is missing or is
unjustified.
In any proceedings instituted under this article, an opinion providing information on the
removal or amendment shall be forwarded to the person who has filed the application for
registration of the geographical indication or his rightful claimant; and shall be communicated
to all persons entitled to use the geographical indication in accordance with article 167 of this
Law.
The persons mentioned in paragraph 2 of this article and any interested person may, in
accordance with the provisions of this Law, may give arguments opposing the invalidation of
the registration.
Article 174: Relationship between marks and geographical indications
The empowered authority shall refuse or invalidate, ex officio or on a request by an interested
party, the registration of a mark which contains a geographical indication, or consists of such
an indication, relating to goods which do not originate from the territory indicated, if the use
of this indication in the mark for such products in Rwanda is such as to mislead the public as
to the true place of origin.
The registration of a mark which contains a geographical indication used to identify wines or
which is constituted by such an indication, or the registration of a mark which contains a
geographical indication used to identify spirits and which is constituted by such an indication
shall be refused or invalidated by the empowered authority ex officio or at the request of an
interested party, if the mark in question is registered for wines or spirits which do not have
this origin.
Where the registration of a mark has been requested in good faith, or the rights over the mark
have been acquired by use in good faith prior to the date of entry into force of this Law, or
before the geographical indication is not protected in its country of origin, this Law shall not
prevent the possibility of registering the mark or impede the validity of the registration of the
mark, or the right to use the mark, for the reason that this mark is identical or similar to a
geographical indication.
Any request for compensation made under paragraph 6 of articles 5, 165 and 166 of this Law
regarding the use or registration of a mark shall be filed within five (5) years of the prejudicial
use of the protected indication becoming generally known in Rwanda, provided that the mark
has been published on this date, where the date is prior to that on which the prejudicial use has
become generally known in Rwanda, and provided that the geographical indication has not
been used or registered in bad faith.
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