The GI Registration
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.
Please sent your application to the following address in India: Geographical Indications Registry 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
STEP 4: Show cause notice
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
STEP 7: Registration
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 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
. 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 |
A1 |
Registration of G.I. for goods in one class |
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B1 |
Registration of G.I. for goods in one class from a convention country |
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C1 |
A Single Application for the Registration of G.I. for goods in different class |
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D1 |
A Single Application for the Registration of G.I. (goods) in different classes from a conv. country |
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2A |
Notice of opposition to the registration of a G.I. or an authorised user |
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2B |
Counterstatement |
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2C |
Extension of time for filing notice of opposition |
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3A |
Registration of an authorised user of a registered G.I. |
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3B |
Issuance of a registration certificate as an authorised user |
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3C |
Renewal of an Authorized user |
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4A |
Renewal at the expiration of the last registration |
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4B |
Restoration of G.I. or an authorised user |
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4C |
Renewal within six months from the expiration of last regis |
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5A |
Alteration of address in the Register of G.I. or authorised user |
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5B |
To enter change in name or description of proprietor of G.I. |
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5C |
Correction of any error in the name, address or description of registered proprietor or the authorised user |
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5D |
Rectification of the register in Part B for the removal of an authorised user from a convention country |
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5E |
Division of goods in a class of an application in different classes |
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5F |
Search in respect of one class |
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6A |
Rectification of the register or removal of a G.I. or expunge or vary the Statement of the Case under rule |
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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 |
7A |
Certificate of Registrar [other than a certificate under Section 16(2) |
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7B |
Affidavit in support of statement of case or other documents |
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7C |
Entry in the Register and advertisement of a note of certificate of validity of the Appliation Board |
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7D |
Review of Registrar's decision |
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7E |
Particulars of Advertisement of a G.I. |
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7F |
Duplicate or futher copy of certificate |
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8A |
Registration of a G.I. Agent |
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8B |
Issuance of certificate as G.I. Agent |
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8C |
Continuance of the name of a person in the Register of G.I. Agent under rule 110 |
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8D |
Restoration of the name from a convention country |
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9A |
Additonal protection for certain goods |
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9B |
Leave to add or alter a registered G.I. |
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9C |
Extension of time |
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10A |
Cancellation of Entry |
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10B |
Form of authorisation |