The procedure behind the tag

The GI Rules, 2002, explained

The Geographical Indications of Goods (Registration and Protection) Rules, 2002 turn the GI Act into a working procedure. The Act says what a GI is and what protection it gets; the Rules say which form to file, what the Statement of Case must contain, how long each side has to respond, and what it costs. This page summarises them in the order an application moves through them.

Notified
8 March 2002, G.S.R. 176(E)
Made under
Section 87 of the GI Act, 1999
Issued by
Ministry of Commerce and Industry
Structure
116 rules in two parts, with four schedules
01 · Rule 1

What these Rules do

The Rules supply the procedure the Act leaves out, and they started on the same day as the Act.

Their full name

The Geographical Indications of Goods (Registration and Protection) Rules, 2002.

Their legal basis

They were made by the Central Government under the rule-making power in Section 87 of the Act.

Commencement

Rule 1 provides that they came into force on the date the Act itself came into force.

The Gazette notification

They were published in the Gazette of India, Extraordinary, on 8 March 2002, by the Department of Industrial Policy and Promotion.

02 · Rule 2

Core terminology

A few defined terms recur throughout the Rules and are worth knowing before reading on.

Specification

The designation of the goods for which a GI is registered or proposed to be registered.

Journal

The Geographical Indications Journal, where applications and many procedural notices are published.

Graphical representation

The representation of a GI for goods in paper form, which must stand in for the GI without needing samples.

Renewal

Covers renewal both by the registered proprietor of a GI and by an authorised user.

03 · Rules 3–20

Where applications are handled

Each case belongs to one office of the GI Registry, fixed by where the applicant does business.

Appropriate office

The office within whose territory the applicant's principal place of business in India lies. For an association, it is the first-named applicant's.

Jurisdiction stays put

A later change of business address does not move a case to a different office of the Registry.

Address for service

Applicants, opponents and others without a place of business in India must give an Indian address where papers can be served.

Paperwork

Documents are typed or printed in Hindi or English on roughly 33 by 20 cm paper, and a filing with the wrong fee counts as not filed.

04 · Rules 21–22

Goods, classes and searches

GI registrations use the same international classes of goods as trade marks.

Fourth Schedule

Goods are classified under the Fourth Schedule, which follows the international classification used for trade marks.

One fee, one class

If an application covers goods in several classes but pays for one, the Registrar requires it to be restricted to a single class.

Pre-filing search

Anyone can ask the Registrar, on Form GI-5, to search one class for existing indications that resemble a proposed mark or GI.

Search guarantee

If an application filed within three months of a search is then objected to over something the search missed, the search fee can be refunded.

05 · Rules 23–32

Filing the application

An application is more than a name. It is a documented case for why the goods belong to the place.

  1. File Form GI-1 in triplicate

    Signed by the applicant or agent, with three copies of the Statement of Case.

  2. Prove the history of use

    An affidavit on how long and by whom the GI has been used, with exhibits, sales volumes and the territory concerned.

  3. Represent the GI precisely

    Additional representations, a translation of any script other than Devanagari or Roman, and extra views for shapes or colours.

  4. Build the Statement of Case

    It must include a map of the territory, the quality standards and how they are policed, the human skill or environment involved, and any inspection structure.

  5. Fix deficiencies within a month

    If the Registrar notifies a deficiency and it is not remedied within one month, the application may be treated as abandoned.

06 · Rules 33–37

Examination

The Registrar tests the Statement of Case against expert knowledge before deciding whether to accept it.

Consultative Group

The Registrar ordinarily sets up a group of up to seven experts to check the Statement of Case, usually within three months.

Answering objections

The applicant has two months to amend, reply or ask for a hearing. Doing none of these leads to dismissal.

Grounds of decision

An applicant planning to appeal can ask within one month for the Registrar's grounds and the material relied on.

Limits on amendment

Corrections are allowed before registration, but not changes that substantially alter the GI, the goods or the territory.

07 · Rules 38–51

Advertisement and opposition

Once accepted, the application is published so that anyone affected can object, and each side then has fixed deadlines.

  1. Advertisement

    The accepted application is ordinarily advertised in the Journal within three months of acceptance.

  2. Notice of opposition

    Filed in triplicate on Form GI-2 within three months of the Journal's release, extendable by up to one month.

  3. Counter-statement

    The applicant replies on Form GI-2 within two months of receiving the notice.

  4. Evidence

    The opponent files evidence within two months or is treated as having abandoned the opposition. The applicant then has two months, and the opponent one month to reply.

  5. Hearing

    Notice of at least one month is given. Each party may seek no more than two adjournments of one month each, and the decision is given in writing.

08 · Rules 52–55

Registration

Registration follows when the opposition period passes cleanly or an opposition fails.

Part A of the register

The GI is entered in Part A with its filing date, goods, class and a summary of the accepted Statement of Case.

Certificate

The certificate of registration is issued on Form O-2.

Twenty-one days

If registration is held up by the applicant, a notice gives 21 days to complete it, which can be extended.

Not for court or abroad

The certificate cannot be used in legal proceedings or to seek registration abroad. A separate certified copy is issued for those.

09 · Rules 56–59

Authorised users

Individual producers are registered separately, after the GI itself.

Joint application

Made on Form GI-3 jointly by the registered proprietor and the proposed user, with a Statement of Case and an affidavit.

Proprietor's consent

A consent letter may be attached. If it is not, the proprietor must be sent a copy of the application.

Same procedure

Examination, advertisement, opposition and hearing then run broadly as they do for the GI itself.

Part B of the register

Authorised users are entered in Part B, and each receives a certificate.

10 · Rules 60–64

Renewal and restoration

Registration lasts ten years, and the Rules set out a timetable around each expiry date.

  1. Renew early

    A renewal can be filed, on Form GI-4 for the GI or GI-3 for an authorised user, up to six months before expiry.

  2. Reminder

    If no renewal has been filed, the Registrar sends a notice between one and three months before expiry.

  3. Late renewal

    Within six months after expiry, renewal is still possible on payment of a surcharge.

  4. Restoration

    From six months to one year after expiry, a removed GI or authorised user can be restored and renewed.

  5. If the proprietor no longer exists

    The authorised users on the register can act together to renew the GI.

11 · Rules 65–73

Correcting and challenging the register

Entries can be cancelled, corrected or altered, with notice to everyone who has an interest.

Rectification

An application on Form GI-6 or GI-5, with a full statement of the facts, can seek to cancel, expunge or vary an entry.

Notice to users

Every authorised user must get a copy, or a notice must be published in leading newspapers in the region.

Changes of address

Proprietors and users must ask on Form GI-5 to correct the register when their address changes.

Altering a registered GI

A proposed alteration is advertised first, and can be opposed within three months.

12 · Rules 74–76

Trade marks that conflict with a GI

The Rules connect the GI and trade mark registries so that misleading marks can be stopped.

Refusal or invalidation

The Registrar of Trade Marks can refuse or invalidate a mark containing a GI that misleads about the true place of origin.

A hearing first

The applicant or owner of the mark is told the reasons and given a chance to be heard.

How to request it

Anyone can ask for refusal or invalidation using the forms under the Trade Marks Rules, 2002.

Publication

Each refusal or invalidation is published, and a copy goes to the Registrar of Geographical Indications.

13 · Rules 77–81

Additional protection for certain goods

Goods notified under Section 22(2) can receive stronger protection, which covers even imitations that state the true origin.

Who applies

The registered proprietor and all authorised users apply jointly, on Form GI-9 with a Statement of Case.

What is tested

The Registrar looks for measurable attributes and a reputation on a global scale that justify the extra protection.

What it covers

Use in translation, or alongside words such as kind, type, style or imitation, even where the true origin is stated.

Recording it

If granted, the grounds and material relied on are entered in Part A of the register.

14 · Rules 82–101

Other procedure

The remaining rules cover the machinery that keeps cases moving.

Dividing applications

A multi-class application can be split, and each part keeps the original filing date.

Review

The Registrar can be asked, on Form GI-7, to review a decision within one month.

Costs and affidavits

The Registrar may award reasonable costs, and the Rules set how affidavits are drawn up and sworn.

Inspection and copies

The register and related documents can be inspected, and certified copies ordered on Form GI-7.

Rules 98 and 116 send appeals to the Intellectual Property Appellate Board. That board was abolished by the Tribunals Reforms Act, 2021, and appeals now go to the High Courts, so check the current procedure.

15 · Part II, Rules 102–116

GI agents

Only registered agents can act professionally for others before the Registry.

Eligibility

An Indian citizen aged at least 21, a graduate, who is an advocate or has passed the Registry's examination.

The examination

A written paper and an interview, with pass marks of 40 and 50 per cent and 50 per cent overall.

Trade mark agents

Anyone on the Register of Trade Marks Agents on the notified date was treated as a registered GI agent.

Staying registered

An annual fee keeps the name on the register. Misconduct or non-payment can lead to removal.

16 · Second and Third Schedules

The forms

Most steps have a numbered form, which makes the procedure easier to navigate.

GI-1

Application to register a geographical indication.

GI-2

Notice of opposition, counter-statement, and extension of time to oppose.

GI-3

Application to register or renew an authorised user.

GI-4

Renewal, late renewal and restoration of a registration.

GI-5 and GI-6

Search, division, correction and alteration requests (GI-5), and rectification or intervention (GI-6).

GI-7 to GI-10

Certificates and review (GI-7), agent registration (GI-8), time extensions and additional protection (GI-9), and authorising an agent (GI-10).

17 · First Schedule

Fees as originally prescribed

Selected fees from the First Schedule as published in 2002, in rupees.

Selected fees from the First Schedule, GI Rules 2002
FilingFeeForm
Application to register a GI₹5,000 per classGI-1
Notice of opposition₹1,000 per classGI-2
Counter-statement₹1,000GI-2
Extension of time to oppose₹300GI-2
Application for an authorised user₹500GI-3
Renewal of an authorised user₹1,000GI-3
Renewal of a GI₹3,000GI-4
Renewal within six months after expiry₹3,500GI-4
Restoration₹1,000 plus the renewal feeGI-4
Search in one class₹500GI-5
Rectification of the register₹1,000GI-6
Review of a Registrar's decision₹500GI-7

These are the amounts in the Rules as notified in 2002. Some fees may have been revised by later amendments, so check the current fee schedule on the IP India website before filing.

18 · In practice

The whole process in six steps

A practical map of how a registration moves from idea to maintained right.

  1. Define the GI and the goods

    Settle the territory, the goods and their class, and who represents the producers.

  2. Prepare the application

    Form GI-1, the Statement of Case, the map, and the affidavit on use.

  3. Go through examination

    Answer the Registrar and the Consultative Group within the deadlines.

  4. Advertisement and opposition

    The application is published, and any opposition runs its evidence timetable.

  5. Registration

    The GI is entered in Part A of the register and a certificate is issued.

  6. Maintain and protect

    Register authorised users, renew every ten years, and keep the register accurate.

Frequently asked questions

What is the difference between the GI Act and the GI Rules?

The Act, passed in 1999, sets out what a geographical indication is and the rights and offences attached to it. The Rules, notified in 2002, set out the procedure: the forms, deadlines, documents and fees.

Which form is used to apply for a GI?

Form GI-1, filed in triplicate with three copies of the Statement of Case. As originally prescribed, the fee was ₹5,000 for each class of goods.

How long is the opposition period?

Three months from the date the Journal carrying the advertisement is made available to the public, which can be extended by up to one month in total.

Can a GI be renewed after it expires?

Yes. Within six months after expiry it can be renewed with a surcharge, and between six months and one year after expiry it can be restored and renewed.

Official source

This page summarises the Rules as published by IP India. It is for general information, not legal advice, and it does not replace the Gazette text or later amendments. Read the official text of the GI Rules, 2002 (PDF, IP India). For the law the Rules implement, see our guide to the GI Act, 1999.

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