Biswajit Sarkar, Advocates - IP AttorneysAn IP Law firm with global practices
  1. Home
  2. Our Practices
  3. Geographical Indications

Practice

Geographical Indications

Safeguarding products whose reputation belongs to a region and to the communities that make them.

Overview

A geographical indication identifies goods as originating in a particular territory, where a given quality, reputation or characteristic is essentially attributable to that origin. Darjeeling Tea, the first product registered as a geographical indication in India, is a well-known example.

The firm advises producer associations, cooperatives and state bodies on applications, and assists individual producers in registering as authorised users so that they may use the indication lawfully.

What we do

Services

  • GI Applications

    In India, a GI application is made by an association or authority representing the producers, supported by evidence of the goods' regional origin, unique features and reputation. After examination and a three-month opposition period, registration is granted for ten years and can be renewed. Individual producers must register separately as authorised users. Registration enables legal action against unauthorised use.

  • GI Oppositions

    Any person may oppose an application within three months of its publication in the GI Journal, extendable by one month. The applicant must file a counter-statement within two months of receiving the notice of opposition, followed by evidence and a hearing before the Registrar. Grounds include ineligibility for GI protection, deceptive or generic names, legal prohibitions, lack of producer representation, and incorrect product specifications or geographical boundaries. Appeals lie to the High Court.

  • Labelling, Branding and Use of GI Logos

    Producers, authorised users, manufacturers and exporters must use GI names and logos lawfully. Legal support covers checking labels, packaging, advertisements and online listings, using the GI logo correctly alongside a trade mark, and acting against misuse or infringement of GI protection in India and abroad.

  • Authorised User Registration

    Authorised user registration allows eligible producers to use a GI name and logo legally. The application is filed before the GI Registry in Chennai with the prescribed form and documents. Registration is valid for ten years and must be renewed every ten years. The firm handles filing, oppositions, renewal and enforcement, helping producers protect their GI rights and expand market access and exports.

  • GI Enforcement and Protection

    Enforcement protects registered GIs against misuse, imitation and false claims of origin. The firm handles civil suits for GI infringement, criminal action against counterfeit GI goods, challenges to wrongful entries before the GI Registry, customs protection against infringing imports, passing-off actions and international GI protection.

Our approach

How a matter progresses

The usual course of a geographical indications matter in India, from first instructions to a final outcome.

  1. Feasibility

    We work with the producer association to define the product, the geographical area and the evidence of its origin and reputation.

  2. Statement of case

    We prepare the application with the statement of case, a map of the area, the method of production and the inspection structure.

  3. Examination

    The Registry examines the application with a consultative group of experts. We answer the examination report and attend any hearing.

  4. Advertisement and opposition

    The accepted application is advertised in the Geographical Indications Journal, and any person may oppose it within three months.

  5. Registration and authorised users

    After registration we enrol producers as authorised users, renew the registration every ten years and act against false use.

Questions

FAQs

General information only. For advice on your circumstances, please speak to an attorney.

Who can apply for a geographical indication?
Any association of persons, producers, organisation or authority established by law that represents the interests of the producers of the goods concerned may apply.
What is an authorised user?
A producer of goods covered by a registered geographical indication may apply to be registered as an authorised user. Only the registered proprietor and authorised users have the exclusive right to use the indication.

Further reading

From our blog

Articles by the firm's attorneys on geographical indications.

All articles

Official sources

Related practices

Also relevant

Trade Marks

Clearance, registration, oppositions, renewals and protection of brands in India and overseas.

Explore

IP Enforcement and Litigation

Infringement and passing-off actions, rectification, customs recordals and anti-counterfeiting.

Explore

International Filings

Protection abroad for Indian clients and in India for foreign clients, through an associate network.

Explore