Registration of geographical indications: conditions, procedure, prohibitions and the Registrar

1. Conditions for registration

A GI will be registered if the following are shown:

• the indication falls within the definition in section 2(1)(e): it identifies goods as originating in a defined territory, region or locality, and a given quality, reputation or other characteristic is essentially attributable to that origin;
• the applicant is an eligible body representing the producers (section 11(1));
• the goods are agricultural, natural or manufactured goods, handicrafts or foodstuff (section 2(1)(f)), and for manufactured goods at least one stage of production, processing or preparation takes place in the territory;
• the GI is not hit by any prohibition in section 9; and
• the definite area and class of goods are specified (section 8).

2. The application: section 11

The application is made in writing to the Registrar in the prescribed form with fees, and must contain:

• (a) a statement of how the GI designates the goods as originating in the territory, in respect of the specific quality, reputation or other characteristics due exclusively or essentially to the geographical environment, with its inherent natural and human factors, and the production, processing or preparation of which takes place there;
• (b) the class of goods;
• (c) a geographical map of the territory;
• (d) particulars of the appearance of the GI (words, figurative elements or both);
• (e) particulars of the producers proposed to be registered initially; and
• (f) other prescribed particulars. The Rules of 2002 also call for a statement of case describing the history, method of production, uniqueness and inspection structure.

It is filed at the office of the GI Registry within whose limits the territory lies; for a foreign GI, at the office for the applicant’s address for service in India (section 11(4)). One application may cover several classes (section 11(3)).

3. Procedure

• Examination by the Registrar (section 11(5)). Under the Rules a consultative group of experts may be constituted to verify the statement of case. The Registrar may refuse or accept absolutely or with conditions, recording reasons (section 11(6) and (7)); acceptance may be withdrawn if made in error (section 12).
• Advertisement of the accepted application in the Geographical Indications Journal (section 13).
• Opposition by any person within three months of advertisement, extendable by not more than one month (section 14(1)). The applicant must file a counter-statement within two months, failing which the application is deemed abandoned; evidence and hearing follow, and the Registrar decides (section 14(2) to (5)).
• Registration (section 16): if unopposed or opposition fails, the GI and any authorised users named in the application are registered as of the date of the application, and certificates are issued. If registration is not completed within twelve months through the applicant’s default, the application may be treated as abandoned.
• Authorised users (section 17): any producer of the goods may apply to be registered as an authorised user, with proof that he is a producer; the same procedure of examination, advertisement and opposition applies.
• Duration (section 18): ten years, renewable; an authorised user’s registration lasts ten years or until the GI’s registration expires, whichever is earlier. Removal for non-renewal is subject to a six-month grace period and restoration within one year.

4. When registration is prohibited: section 9

A GI shall not be registered:

• (a) if its use would be likely to deceive or cause confusion;
• (b) if its use would be contrary to any law;
• (c) if it comprises scandalous or obscene matter;
• (d) if it contains matter likely to hurt religious susceptibilities;
• (e) if it would otherwise be disentitled to protection in a court;
• (f) if it is a generic name or indication, or has ceased to be protected or fallen into disuse in its country of origin. A name is generic if, though it relates to the place where the goods were first made, it has lost that meaning and become the common name of the goods (Explanation 1), judged by conditions in the place of origin and the area of consumption (Explanation 2);
• (g) if, though literally true as to the place of origin, it falsely represents that the goods come from another place.

5. Role and functions of the Registrar

• Keeps the Register of GIs in Parts A and B (sections 6 and 7) and classifies goods (section 8).
• Examines, accepts or refuses applications, advertises them, hears oppositions and registers GIs and authorised users (sections 11 to 17).
• Renews, removes and restores registrations (section 18); corrects and alters the register (sections 28 and 29); and may rectify the register on application by a person aggrieved, concurrently with the High Court (section 27).
• Has the powers of a civil court for summoning witnesses, discovery and costs (section 60), and must hear a party before exercising discretion adversely (section 61).
• Appears in High Court proceedings on rectification (section 35); his decisions are appealable to the High Court within three months (section 31).
• Since the Jan Vishwas Act, 2023, he may authorise an adjudicating officer to impose penalties under the Act (sections 37A and 37B).

6. Problem

Tirupati Temple Trust had applied to register “Tirupati Laddu” under the GI Act. Write your comments. (January 2026)

Issue. Whether a sweet made by a temple trust can be a geographical indication, and whether the trust is a proper applicant.

Law. Sections 2(1)(e), 2(1)(f), 9 and 11.

Application.

• Goods. A laddu is foodstuff and manufactured goods, both within section 2(1)(f).
• Link with place. The Tirupati laddu has a reputation attached to Tirumala, where it is prepared in the temple kitchens by a traditional recipe and method and distributed as prasadam. Section 11(2)(a) recognises that the characteristic may be due to human factors of the area as well as natural ones; for manufactured goods it is enough that preparation takes place in the territory. Its reputation is plainly attributable to its origin.
• Applicant. Tirumala Tirupati Devasthanams is a body established under State law and is the producer; it can apply as an organisation or authority established by law representing the interest of the producers. The usual objection — that a GI is a collective right and there is only one producer — does not defeat it, because the Act does not require many producers; it requires that the GI identify goods of a place.
• Section 9. The name is not generic (no one regards any laddu as a “Tirupati laddu”), not deceptive and not offensive.

Conclusion. The application is maintainable and the GI can be registered. In fact “Tirupati Laddu” was registered as a GI in 2009. Registration lets TTD stop sellers outside Tirumala from selling sweets as “Tirupati laddu” (section 22), while section 24 prevents it from licensing the name.

How this is examined

January 2026: “Explain the procedure for registration of geographical indications. When such registration is prohibited?” and the Tirupati Laddu problem. February 2025: “Define Geographical Indications and explain the conditions for registration.” August 2024: “Discuss conditions for and procedure of registration of geographical indications.” Sections 1, 3 and 4 answer all three; “Role and functions of the Registrar” is a syllabus item that suits a short note.