The GI Registration

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STEP 1 : Filing of application

Please check whether the indication comes within the ambit of the definition of a Gl under section 2(1)(e).

The association of persons or producers or any organization or authority should represent the interest of producers of the concerned goods and should file an affidavit how the applicant claims to represent their interest.

  • Application must be made in triplicate.
  • The application shall be signed by the applicant or his agent and must be accompanied by a statement of case.
  • Details of the special characteristics and how those standards are maintained.
  • Three certified copies of the map of the region to which the GI relates.
  • Details of the inspection structure if any to regulate the use of the GI in the territory to which it relates.
  • Give details of all the applicant together with address. If there is a large number of producers a collective reference to all the producers of the goods may be made in the application and the G.I., If registered will be indicated accordingly in the register.

Please sent your application to the following address in India:

Geographical Indications Registry
Intellectual Property Office Building
Industrial Estate, G.S.T Road
Guindy, Chennai – 600 032
Ph: 044 – 22502091-93 & 98
Fx : 044 – 22502090
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website : ipindia.gov.in

The applicant must have an address for service in India. Generally, application can be filed by (1) a legal practitioner (2) a registered agent.

STEP 2 and 3: Preliminary scrutiny and examination

  • The Examiner will scrutinize the application for any deficiencies.
  • The applicant should within one month of the communication in this regard, remedy the same.
  • The content of statement of case is assessed by a consultative group of experts will versed on the subject.
  • The will ascertain the correctness of particulars furnished.
  • Thereafter an Examination Report would be issued.

STEP 4: Show cause notice

  • If the Registrar has any objection to the application, he will communicate such objection.
  • The applicant must respond within two months or apply for a hearing.
  • The decision will be duly communicated. If the applicant wishes to appeal, he may within one month make a request.
  • The Registrar is also empowered to withdraw an application, if it is accepted in error, after giving on opportunity of being heard.

STEP 5: Publication in the geographical indications Journal

Every application, within three moths of acceptance shall be published in the Geographical Indications Journal.

STEP 6: Opposition to Registration

  • Any person can file a notice of opposition within three months (extendable by another month on request which has to be filed before three months) opposing the GI application published in the Journal.
  • The registrar shall serve a copy of the notice on the applicant.
  • Within two monthsthe applicant shall sent a copy of the counterstatement.
  • If he does not do this be shall be deemed to have abandoned his application. Where the counter-statement has been filed, the registrar shall serve a copy on the person giving the notice of opposition.
  • Thereafter, both sides will lead their respective evidences by way of affidavit and supporting documents.
  • A date for hearing of the case will be fixed thereafter.

STEP 7: Registration

  • Where an application for a GI has been accepted, the registrar shall register the geographical indication. If registered the date of filing of the application shall be deemed to be the date of registration.
  • The registrar shall issue to the applicant a certificate with the seal of the Geographical indications registry.

STEP 8: Renewal

A registered GI shall be valid for 10 years and can be renewed on payment of renewal fee.

STEP 9: Additional protection to notified goods  

Additional protection for notified goods is provided in the Act.

STEP 10: Appeal

Any person aggrieved by an order or decision may prefer an appeal to the intellectual property appellate board (IPAB) within three months. The address of the IPAB is as follows:

Intellectual Property Appellate Board
Annexe 1, 2 nd Floor, Guna Complex,
443, Anna Salai, Chennai – 600 018

Indications which cannot be  registered ?

For registration, the indications must fall within the scope of section 2(1)e of GI Act, 1999. Being so, it has to also satisfy the provisions of section 9, which prohibits registration of a Geographical Indication

  • the use of which would be likely to deceive or cause confusion; or
  • the use of which would be contrary to any law for the time being in force; or
  • which comprises or contains scandalous or obscene matter; or
  • which comprises or contains any matter likely to hurt the time being in force; religious susceptibilities of any class or section of the citizens of India; or
  • which would otherwise be disentitled to protection in a court; or
  • which are determined to be generic names or indications of goods and are, therefore, not or ceased to be protected in their country of origin or which have fallen into disuse in that country; or
  • which although literally true as to the territory region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality as the case may be.

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Affidavits

1. The Affidavits required by the Act and the rules to be filed at the Geographical indications Registry or furnished to the Registrar, unless otherwise provided in the matter or matters to which they relate, paragraphs consecutively numbered, and each paragraph shall as far as practicable be confined to one subject. Every affidavit shall state the description and the true place of abode of the person filing it and shall state on whose behalf it is filed.

2. Affidavits shall be taken-

a.In India-before any court or person having by law authority to receive evidence, or before any officer empowered by such court as aforesaid to administer oaths or to take affidavit,

b.in any country or place outside India before a diplomatic or consular Officers (Oaths and Fee) Act, 1948, or such country or place, or before a notary public or before a judge or magistrate of the country or place.

3. Where the deponent is illiterate blind or unacquainted with the language in which the affidavit is written a certificate by the person taking the affidavit that the affidavit has read translated or explained in his presence to the deponent made his signature or mark in his presence shall appear in the jurat.

4. Every affidavit filed before the Registrar in connection with any of the proceedings under the Act or the rules shall be duly stamped under the law for the time being in force.

Application Forms to be used  for  GI Registration

 

GI1

A1

Registration of G.I. for goods in one class

B1

Registration of G.I. for goods in one class from a convention country

C1

A Single Application for the Registration of G.I. for goods in different class

D1

A Single Application for the Registration of G.I. (goods) in different classes from a conv. country

GI2

2A

Notice of opposition to the registration of a G.I. or an authorised user

2B

Counterstatement

2C

Extension of time for filing notice of opposition

GI3

3A

Registration of an authorised user of a registered G.I.

3B

Issuance of a registration certificate as an authorised user

3C

Renewal of an Authorized user

GI4

4A

Renewal at the expiration of the last registration

4B

Restoration of G.I. or an authorised user

4C

Renewal within six months from the expiration of last regis

GI5

5A

Alteration of address in the Register of G.I. or authorised user

5B

To enter change in name or description of proprietor of G.I.

5C

Correction of any error in the name, address or description of registered proprietor or the authorised user

5D

Rectification of the register in Part B for the removal of an authorised user from a convention country

5E

Division of goods in a class of an application in different classes

5F

Search in respect of one class

GI6

6A

Rectification of the register or removal of a G.I. or expunge or vary the Statement of the Case under rule

 

6B

Leave to intervene (relating to the rectification of the Register or for the removal of a G.I. or an authorised user from the Register

GI7

7A

Certificate of Registrar [other than a certificate under Section 16(2)

7B

Affidavit in support of statement of case or other documents

7C

Entry in the Register and advertisement of a note of certificate of validity of the Appliation Board

7D

Review of Registrar's decision

7E

Particulars of Advertisement of a G.I.

7F

Duplicate or futher copy of certificate

GI8

8A

Registration of a G.I. Agent

8B

Issuance of certificate as G.I. Agent

8C

Continuance of the name of a person in the Register of G.I. Agent under rule 110

8D

Restoration of the name from a convention country

GI9

9A

Additonal protection for certain goods

9B

Leave to add or alter a registered G.I.

9C

Extension of time

G10

10A

Cancellation of Entry

10B

Form of authorisation