law: Geographical Indications of Goods (Registration and Protection) Act, 1999
  26. Protection to
  
  certain trademarks.-
  
  1.  Where
  
  a trade mark contains or consists of a geographical indication and has been
  
  applied for or registered in good faith under the law relating to trade marks
  
  for the time being in force, or where rights to such trade mark have been
  
  acquired through use in good faith either-
  a.   before the
  
  commencement of this Act; or
  b.   before the date of
  
  filing the application for registration of such geographical indication under
  
  this Act, nothing contained in this Act shall prejudice the registrability or
  
  the validity of the registration of such trade mark under the law relating to
  
  the trade marks for the time being in force, or the right to use such trade
  
  mark, on the ground that such trade mark is identical with or similar to such geographical
  
  indication.
  1.  
  2.  Nothing
  
  contained in this Act shall apply in respect of a geographical indication with
  
  respect to goods or class or classes of goods for which such geographical
  
  indication is identical with the term customary in common language as the
  
  common name of such goods in any part of India on or before the 1st day of
  
  January, 1995.
  3.  Nothing
  
  contained in this Act shall in any way prejudice the right of any person to
  
  use, in the course of trade, that person's name or the name of that person's predecessor
  
  in business, except where such name is used in such a manner as to confuse or
  
  mislead the people.
  4.    Notwithstanding
  
  anything contained in the Trade Marks Act, 1999 or in this Act, no action in
  
  connection with the use or registration of a trade mark shall be taken after
  
  the expiry of five years from the date on which such use or registration
  
  infringing any geographical indication registered under this Act has become
  
  known to the registered proprietor or authorised user registered in respect of
  
  such geographical indication under this Act or after the date of registration
  
  of the trade mark under the said Trade Marks Act subject to the condition that
  
  the trade mark has been published under the provisions of the said Trade Marks
  
  Act, 1999 or the rules made there under by that date, if such date is earlier
  
  than the date on which such infringement became known to such proprietor or
  
  authorised user and such geographical indication is not used or registered in
  
  bad faith.