GEOGRAPHICAL INDICATIONS
Geographical Indication (GI) Protection & Enforcement
Safeguarding a Legacy of Culture & Craftsmanship
A Geographical Indication (GI) is more than just an IP—it is a mark of authenticity, quality, and cultural heritage. Whether it is Darjeeling Tea, Banarasi Saree, Alphonso Mango, or Mysore Silk, the distinct market recognition enjoyed by each of these products is attributed to their protection under Geographical Indications (GI)—a specialized form of Intellectual Property Rights (IPR) that grants legal recognition and protection to products whose quality, reputation, or unique characteristics are intrinsically linked to their place of origin.
Why GI Registration is Significant?
A Geographical Indication is a distinct category of intellectual property that protects products with regional significance. Unlike trademarks, which identify a specific business as the source of a product, a GI certifies that a product originates from a particular region and possesses qualities unique to that location.
In India, GI registration is governed by the Geographical Indications of Goods (Registration & Protection) Act, 1999. GI registration grants exclusive right to the authorized producers, ensuring that only such authorized producers from the designated region can lawfully manufacture, market, distribute, and sell the product under the registered GI name. This protection:
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Preserves Authenticity & Cultural Heritage: Preserves the authenticity and legacy of traditional goods, and prevents their misrepresentation, unauthorized use, and unfair competition in the marketplace.
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Enhances Economic & Market Value: Strengthens the brand identity of local GI-protected products, boosts exports, and enhances consumer trust.
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Global Recognition: GI-protected products enjoy international recognition and premium positioning in global markets.
Our Services
At Khurana & Khurana, we specialize in comprehensive legal support for GI protection and enforcement. Our expertise includes:
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GI Search: Before filing a GI application, a search is necessary to ensure that the product meets legal requirements and is not already registered under a similar name. Our services include:
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Comprehensive GI Search: Conducting pre-filing searches to assess whether the product meets the legal requirements for GI protection.
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Eligibility Assessment: Evaluating whether the product’s quality, reputation, or characteristics are intrinsically linked to its place of origin.
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Risk Mitigation: Identifying potential conflicts with existing GIs and recommending strategic modifications.
GI Registration (India & International): Obtaining GI registration provides legal recognition and exclusive rights to authorized users from the designated geographical region. Our Services include:
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Application Preparation & Filing: Drafting and filing GI applications before the Geographical Indications Registry in compliance with the GI Act, 1999.
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Locarno Classification Assistance: Ensuring the correct classification of goods for seamless GI protection.
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Examination & Compliance Support: Addressing objections, filing responses, and ensuring smooth prosecution of GI applications.
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International GI Protection: Advising on filing GI applications in convention countries through bilateral agreements and international frameworks like TRIPS and WIPO.
GI Examination and Opposition: In cases where a GI application is challenged or opposed, we provide strategic representation to ensure rightful protection. Our services include:
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Opposition Proceedings: Filing or defending against oppositions during GI registration.
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Representation Before GI Registry: Advocating for clients in consultative group hearings and appeals.
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Contesting Fraudulent Registrations: Assisting GI owners in challenging unauthorized or misleading registrations that could dilute the authenticity and market value of the GI product.
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Evidence Compilation & Legal Filings: Preparing counterstatements, affidavits, and compiling other documentary evidences to support litigation.
GI Enforcement & Litigation: Unauthorized use of a GI-protected product can dilute its value and mislead consumers. We offer robust enforcement strategies to protect against infringement, including:
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Cease & Desist Notices: Drafting and issuing legal notices to unauthorized users and counterfeiters.
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Litigation & Dispute Resolution: Representing clients in GI infringement cases before tribunals and courts, to cancel or oppose wrongfully registered GIs and prevent misleading commercial exploitation.
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Customs & Border Protection: Assisting in registering GIs with custom authorities to prevent counterfeit imports.
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Post-Registration Monitoring: Identifying and addressing fraudulent use of GI-protected names.
📩 For expert assistance with GI registration, enforcement, and commercialization, contact us at info@khuranaandkhurana.com.
SECURE YOUR PRODUCT’S LEGACY
WITH GI REGISTRATION
Statutory associations, producers, or organizations can apply for GI registration, ensuring their interests are protected. Producers in agriculture, natural goods, and handicrafts are eligible under the law.
Agricultural Goods
Production, processing, and trading activities.
Natural Goods
Exploitation, trading, and dealing.
Handicrafts/Industrial Goods
Manufacturing, trading, and process-related activities.
FILING REQUIREMENTS
Ordinary Application
An Application which has been filed to register a Geographical Indication of India. The Geographical Indications Registry for the purposes of registration of GIs, is located in Chennai.
Convention Application
An Application filed for registration of a Geographical Indication from a convention country, along with proof of registration / filing of that Geographical Indication in the Home Country.
Single Class Application
An application which has been filed to register for a specification of goods included in one class.
Multi Class Application
A single application filed for registration of Geographical Indications for different or more than one classes of goods.
Divisional Application
A divided application made by the division of a single initial application for registration of a geographical indication for different classes of goods.
WHO IS ENTITLED TO APPLY?
Any association of persons, producers, organization or authority established by or under any law representing the interest of the producers of the concerned goods.
Applicants must be legal entities representing producers. Non-producer organizations must prove they represent producers to apply for GI registration.
Under the law of GI, persons dealing with the following three categories of goods are considered Producers:
Agricultural Goods
Natural Goods
Manufactured Goods
Handicrafts or Industrial goods
Foodstuffs
GI APPLICATION PROSECUTION
1
Initial Review
Examiner reviews application and Statement of Case for GI Act compliance.
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Deficiency Notice
Deficiencies, if any, are communicated to the Applicant/Agent for correction..
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Time Limit
Correct deficiencies promptly or risk abandonment; extension possible with fee.
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Submission to Registrar
Corrected applications are submitted to the Registrar for further review.
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Consultative Group
Registrar may form a Consultative Group to verify application details.
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Examination Report
Registrar issues an Examination Report based on the Consultative Group’s feedback.
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Report Content
The report may include objections or propose conditional acceptance with amendments.
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Applicant Response
Applicant must respond within two months by complying, observing, or requesting a hearing.
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Dismissal Risk
Failure to respond, amend, or attend the hearing results in dismissal of the application.
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Publication
Accepted applications are published in the GI Journal.
OPPOSITION PROCESS IN
GI REGISTRATION
Any person can oppose the registration of a geographical indication within three months of its advertisement in the GI Journal. The applicant must submit a counter statement within two months of receiving the opposition notice, outlining the grounds for the application. The opponent must then provide evidence within two months of receiving the counter statement. Following the completion of evidence, the Registrar conducts a hearing after giving a one-month notice. After hearing both parties, the Registrar considers the evidence and issues a decision, notifying both parties in writing.