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The Intellectual Property Office of New Zealand (IPONZ) has declined the Government of India’s application for Trademark certification of the BASMATI word mark, citing the legitimate rights of rice growers outside India to use the term.
BASMATI, a fragrant long-grain rice variety, is traditionally grown in the Indian subcontinent. The Indian government sought exclusive rights to the term to preserve its cultural and economic significance. However, IPONZ’s decision highlights a broader debate over geographical indications and the rights of producers from various regions.
The Government of India argued for exclusive rights based on BASMATI’s historical association with its agriculture and culinary traditions. Yet, IPONZ noted that evidence showed other countries, such as Pakistan, also contribute significantly to the BASMATI rice market.
This decision is expected to ignite further discussions and legal challenges regarding geographical indications in international trade. The Trade Development Authority of Pakistan has also applied for certification to protect its own rights to BASMATI.
This decision is unlikely to mark the end of the ongoing battle over the BASMATI mark. We will continue to monitor developments and provide updates.
In light of the complexities surrounding trademark registration, such as the recent decision by the Intellectual Property Office of New Zealand (IPONZ) regarding the BASMATI word mark, it’s crucial to seek professional assistance to navigate the intricacies of intellectual property laws. Vakilsearch offers comprehensive trademark filing services that can help businesses and individuals secure their brand identity effectively.
