THE FIRST SCHEDULE
[See rule 10(1)]
No. of Entry
On what payable
Amount in Rupees
Corresponding Form Numbers
(1)
(2)
(3)
(4)
1-A
On application for the registration of a geographical indication for goods included in one class [Section 11(1), rule 23(2)].
5,000
GI-1
1-B
On application for the registration of a geographical indication for goods included in one class from a convention country [Section 11(1), 84(1), rule 23(3)]
5,000
GI-1
1-C
On a single application for the registration of a geographical indication for goods in different classes [Section 11(3) rule 23(5)].
5,000 for each class
GI-1
1-D
On a single application for the registration of a geographical indication for goods in different classes from a convention country [Section 11(3), 84(1), rule 23(4)].
5,000 for each class
GI-1
2-A
On a notice of opposition to the registration of a geographical indication under section 14(1) or an opposition to an authorised user Section 17(3)(e).
1,000 for each class
GI-2
2-B
On a counter-statement in answer to a notice of opposition under section 14(2) or 17(3)(e) for each application opposed and in answer to an application under section 27 in respect of each geographical indication or in answer to a notice of opposition under section 29.
1,000
GI-2
2-C
On application for extension of time for filing notice of opposition. [Section 14(1), 17(3)(e), 29(2), rule 41(5)]
300
GI-2
3-A
On application for the registration of an authorised user of a registered geographical indication under section 17, Rule 56(1)
500
GI-3
3-B
On request for issuance of a registration certificate as an authorised user, Rule 59(1)
100
GI-3
3-C
For renewal of an authorised user 18(2), rule 60(1)
1,000
GI-3
4-A
For renewal under section 18(1) of the registration of a geographical indication at the expiration of the last registration. Rule 60(1).
3,000
GI-4
4-B
On application under section 18(5) for restoration of geographical indication or an authorised user removed from the Register [Rule 63].
1000 plus applicable renewal fee
GI-4
4-C
On application for renewal under proviso to section 18(4) Proviso to rule 62 within six months from the expiration of last registration of geographical indication.
3,500
GI-4
5-A
On request for alteration of the address of the principal place of business or of residence inIndiaor of the address in the home country abroad in the Register of Geographical Indications are authorized users, Section 28, rule 69.
300
GI-5
5-B
On request to enter change in name or description of proprietor of geographical indication upon the Register.
300
GI-5
5-C
On request for correction of any error in the name , address or description of the registered proprietor or the authorised user of a geographical indication. (Section 28(a).
300
GI-5
5-D
On application for the rectification of the register in Part B for the removal of an authorised user. Section 27, Rule 65.
1,000
GI-5
5-E
On division of goods in a class or on division of an application made for registration of a geographical indication in different classes under proviso to Section 15, rule 23(7).
1,000
GI-5
5-F
For a search under rule 22 in respect of one class.
500
GI-5
6-A
On application under section 27 for rectification of the register or removal of a geographical indication or expunge or vary the Statement of the Case under rule 32(1) recorded in the Register or an authorized user from the register, Rule 65.
1,000
GI-6
6-B
On application for leave to intervene in proceedings relating to the rectification of the Register or for the removal of a geographical indication or an authorized user from the Register. Rule 67 and 80(4).
500
GI-6
7-A
On request for certificate of Registrar [other than a certificate under Section 69 or 78(1)]. Rule 96
300
GI-7
7-B
Affidavit in support of statement of case or other documents required under the Act or rules.
Nil
GI-7
7-C
On request for entry in the Register and advertisement of a note of certificate of validity of the Appellate Board. Rule 99.
200
GI-7
7-D
On application for review of Registrar's decision.
500
GI-7
7-E
On request to registrar for particulars of advertisement of a geographical indication
100
GI-7
7-F
On request to Registrar for a duplicate or further copy of certificate.
200
GI-7
8-A
Application for registration of a geographical indications agent. Rule 107.
1,000
GI-8
8-B.
On request for issuance of certificate as geographical indications agent. Rule 109.
1,000
GI-8
8-C
For continuance of the name of a person in the Register of Geographical Indication Agent under rule 110;
- For every year (excluding the first year) to be paid on 1st April in each year.
- For the first year to be paid along with the fee for registration, in the case of a person registered at any time between the 1st April, and 30thSeptember.
N.B: A year for this purpose will commence on the 1st day of April and end on the 31stday of March following.
1,000
GI-8
8-D
On application for restoration of the name of a person to the Register of Geographical Indications under rule 113.
1,000 plus continuance fee under entry No.8C
GI-8
9-A
On application to Registrar for additional protection to certain goods [section 22(2), rule 77(1)].
25,000,GI-9
9-C.
On application for extension of time not being a time expressly provided in the Act or prescribed in the rules. Rule 83.
300
GI-9
9-B.
On application for leave to add or alter a registered geographical indication [except where the application is made by an or of a public authority or in consequence of a statutory requirement. Section 29.
300
GI-9
10-A
On application for cancellation of an entry in the Register or to strike out goods. (Section 28(c) or (d)).
300
GI-10
10-B.
Form of authorisation of agent in a matter or proceedings under the Act. Section 76, Rule 20
Nil
GI-10
11
On petition (not otherwise charged) for obtaining the Registrar's order on any interlocutory matter in a contested proceeding.
500
12.
For inspecting the document mentioned in Section 78(1)-
(a) relating to any particular geographical indication or authorised user thereof for every hour or part thereof;
100
(b) computer search (when made available) for every 15 minutes;
100
(c) Search of index mentioned in section 78 for every hour or part thereof.
100
13
For copying of documents (photocopy or typed) for every page or part thereof in excess of one page
10
THE SECOND SCHEDULE
FORMS
List of forms
Form No.
Section of the Act
Title
Entry Number
(1)
(2)
(3)
(4)
GI-1
Section 11(1), rule 23(2)
Application for the registration of a geographical indication for goods included in one class
1A
GI-1
Sections 11(1), 84(1), rule 23(3)
Application for the registration of a geographical indication for goods included in one class from a convention country
1B
GI-1
Sections 11(3), rule 23(5)
A single application for the registration of a geographical indication for goods in different classes.
1C
GI-1
Sections 11(3), 84(1), rule 23(4)
A single application for the registration of a geographical indication for goods in different classes from a convention country
1D
GI-2
Sections 14(1), 17(3)(e) Rule 41
Notice of opposition to the registration of a geographical indication or an opposition or an authorised user.
2A
GI-2
Section 14(2), 17(3)(e),27 & 29, rule 43(1), 58, 72(2)
Form of counter-statement
2B
GI-2
Section 14(1), 17(3)(e), 29(2), rule 41(5), 72(2)
Application for extension of time for filing notice of opposition
2C
GI-3
Section 17(1), rule 56(1)
Application for the registration of an authorised user of a registered geographical indication.
3A
GI-3
Section 18(5), rule 59
Request for issuance of a registration certificate as an authorised user.
3B
GI-3
18(2), rule 60(1)
For renewal of an authorised user
3C
GI-4
Section 18(4), Rule 60
Renewal of the registration of a geographical indication at the expiration of the last registration.
4A
GI-4
Sections 18(5), rule 63
Application for restoration of geographical indication or an authorised user removed from the Register.
4B
GI-4
Proviso to section 18(4) Proviso to rule 62
Application for renewal within six months from the expiration of last registration of geographical indication.
4C
GI-5
Section 28, rule 69
On request for alteration of the address of the principal place of business or of residence inIndiaor of the address in the home country abroad in the Register of Geographical Indications are authorized users.
5A
GI-5
28(c)
Request to enter change in name or description of proprietor of geographical indication upon the Register.
5B
GI-5
28(a)
Request for correction of any error in the name, address or description of the registered proprietor or the authorised user of a geographical indication.
5C
GI-5
Section 27, Rule 65
Application for the rectification of the register in Part B for the removal of an authorised user.
5D
GI-5
Rule 22
A request for search in respect of one class.
5E
GI-5
Proviso to Section 15, rule 23(7)
Division of an application made for registration of a geographical indication in different classes
5F
GI-6
Application for rectification of the register or removal of a geographical indication or expunge or vary the Statement of the Case under rule 32(1) recorded in the Register from the register.
6A
GI-6
Rule 67 and 80(4)
Application for leave to intervene in proceedings relating to the rectification of the Register or for the removal of a geographical indication or an authorised user from the Register.
6B
GI-7
Section 69 or 78(1)]. Rule 96.
Request for certificate of Registrar [other than a certificate under Section 16(2)
].
7A
GI-7
Rule 93
Affidavit in support of statement of case or other documents required under the Act or rules.
7B
GI-7
Section 72, rule 99
Request for entry in the Register and advertisement of a note of certificate of validity of the Appellate Board.
7C
GI-7
63, rule 92
Application for review of Registrar's decision.
7D
GI-7
Rule 40
Request to registrar for particulars of advertisement of a geographical indication
7E
GI-7
Rule 55(2)
Request to Registrar for a duplicate or further copy of certificate.
7F
GI-8
Rule 107
Application for registration of a geographical indications agent
8A
GI-8
Rule 109.
On request for issuance of certificate as geographical indications agent
8B
GI-8
Rule 110.
For continuance of the name of a person in the Register of Geographical Indication Agent under rule 110;
8-C
- For every year
(excluding the first year) to be paid on 1st April in each year.
- For the first year to be paid along with the fee for registration, in the case of a person registered at any time between the 1st April, and 30thSeptember.
N.B: A year for this purpose will commence on the 1st day of April and end on the 31stday of March following.
GI-8
Rule 113
On application for restoration of the name of a person to the Register of Geographical Indications under rule 113.
8-D
GI-9
22(2), rule 77
On application to Registrar for additional protection to certain goods.
9A
GI-9
Application for leave to add or alter a registered geographical indication [except where the application is made by an or of a public authority or in consequence of a statutory requirement]
9B
GI-9
64, rule 83
Application for extension of time not being a time expressly provided in the Act or prescribed in the rules.
9C
GI-10
28(c) or (d)
Application for cancellation of an entry in the Register or to strike out goods.
10A
GI-10
76, Rule 20
Form of authorization of agent in a matter or proceedings under the Act.
10B
THE THIRD SCHEDULE
FORMS TO BE USED BY THE REGISTRAR
LIST OF FORMS
Form No.
Title
0-1
Section16(3)
.
Notice of non-completion of registration.
0-2
Rule 55(1)
.
Certificate of registration of geographical indication.
0-3
Rule 61
.
Notice of expiration of last registration.
0-4
Rule 102
.
Certificate of registration of a person as a geographical indications agent.
O-5
Rule 55(1)
.
Notice of expiration of last registration of an authorized user.
FORM O-1
GOVERNMENT OF INDIA
GEOGRAPHICAL INDICATION REGISTRY
GEOGRAPHICAL INDICATION OF GOODS (REGISTRATION AND PROTECTION) ACT,1999
Notice of non-completion of registration
No............
Notice is hereby given as required by section 16(3) that the registration of the geographical indication, in respect of which application numbered as above was made on the .......day of ....20..., has not been completed by reason of default on the part of the applicant.
Unless registration is completed within twenty-one days from the date of this notice, the application will be treated as abandoned.
All communications relating to this application may be sent to the following address in India:-
Dated this.....day of ....200...
Registrar of Geographical Indications
To,
...............................
...............................
FORM O-2
GOVERNMENT OF INDIA
GEOGRAPHICAL INDICATION REGISTRY
GEOGRAPHICAL INDICATION OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999
Certificate of registration of Geographical Indication under Section 16(1) or of unauthorised user under section 17(3)(e)
Geographical Indication No...................
Authorised user No .............
Date................
Certified that the Geographical Indication (of which a representation is annexed hereto)/authorised user has been registered in the register in the name of ....in Class....under No......as of the date.........in respect of ...........
Sealed at my direction this:.....day of ....20.....
Registrar of Geographical Indications.
Registration is for 10 years from the date first above-mentioned and may then be renewed for a period of 10 years, and also at the expiration of each period of 10 years thereafter.
This certificate is not for use in legal proceedings or for obtaining registration abroad.
FORM O-3
GOVERNMENT OF INDIA
GEOGRAPHICAL INDICATION REGISTRY
GEOGRAPHICAL INDICATION OF GOODS (REGISTRATION AND PROTECTION) ACT,1999
Notice of expiration of last registration under Section 18(4) of Geographical Indications Act, 1999 Agent
Registered geographical indication No..........
Class...........
Notice is hereby given as required in section 18(4) of the Geographical Indication Of Goods (Registration and Protection) Act, 1999 that the registration of the aforesaid geographical indication will expire on.....and that the registration can be renewed for a further period of ten years on receipt in the Geographical Indication Registry of an application in the enclosed Form GI-4 accompanied by prescribed fee of Rs. 3,000 on or before the said date.
Dated this.......day of.....20.....
Registrar of Geographical Indications
FORM O-4
GOVERNMENT OF INDIA
GEOGRAPHICAL INDICATION REGISTRY
GEOGRAPHICAL INDICATION OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999
Certificate of registration as Geographical Indication Agent
(Rule 109)
No.........
This is to certify that........of.........was registered on this..........day of ........20...........in the Register of Geographical Indication Agent maintained under rule 102 Of Geographical Indication of Goods (Registration and Protection) Rules, 2002.
Registrar of Geographical Indications
FORM O-5
GOVERNMENT OF INDIA
GEOGRAPHICAL INDICATION REGISTRY
GEOGRAPHICAL INDICATION OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999
Notice of expiration of last registration under section 18(4)
Registered authorised user No......
Notice is hereby given as required under section 18(4) of the Geographical Indication Of Goods (Registration and Protection) Act,1999 that the registration of the aforesaid authorised user will expire on..... and that the registration can be renewed for a further period of ten years on receipt in the Geographical Indication Registry of an application in the enclosed Form GI-3 accompanied by the prescribed fee of Rs. 1,000 on or before the said date.
Dated........day.......20......
Registrar of Geographical Indications
THE FOURTH SCHEDULE
CLASSIFICATION OF GOODS-NAME OF THE CLASSES
(Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes).
Class 1. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry.
Class 2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists.
Class 3. Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices.
Class 4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels(including motor spirit) and illuminants; candles, wicks.
Class 5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides
Class 6. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
Class 7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.
Class 8. Hand tools and implements (hand-operated); cutlery; side arms; razors.
Class 9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus.
Class 10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials.
Class 11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes.
Class 12. Vehicles; apparatus for locomotion by land, air or water.
Class 13. Firearms; ammunition and projectiles; explosives; fire works
Class 14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and other chronometric instruments.
Class 15. Musical instruments.
Class 16. Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.
Class 17. Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
Class 18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides, trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
Class 19. Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20. Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.
Class 21. Household or kitchen utensils and containers(not of precious metal or coated therewith); combs and sponges; brushes(except paints brushes); brush making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
Class 22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes) padding and stuffing materials(except of rubber or plastics); raw fibrous textile materials
Class 23. Yarns and threads, for textile use
Class 24. Textiles and textile goods, not included in other classes; bed and table covers.
Class 25. Clothing, footwear, headgear
Class 26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
Class 27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings(non-textile).
Class 28. Games and playthings, gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
Class 29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
Class 30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice.
Class 31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
Class 32. Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
Class 33. Alcoholic beverages(except beers).
Class 34. Tobacco, smokers' articles, matches.
THE FIFTH SCHEDULE
SCALE OF COSTS ALLOWABLE IN RULE 91 PROCEEDINGS BEFORE THE REGISTRAR
Entry No.
Matter in respect of which costs to be awarded
Amount
1.
For one day's hearing involving examination of witnesses
Rs.1000
2.
For one day's hearing when there is no examination of witnesses
Rs.
500
3.
For adjournment of hearing granted on the petition of any party. Rs.500 plus cost of re-summoning the other parties' witness who were due to be examined on the day
4.
For striking out scandalous matter from an affidavit
Rs.200
5.
For attendance of witnesses -
Subsistence allowance...
Rs.500
(vide not below)
Traveling allowance...
The fare by rail or steamer second class each way and if there is no rail or steamer communication Rs. 5 or 2.50 per km. depending upon the rank and status of the witness.
Note. - The rates of subsistence allowance and travelling allowance for witness shall vary according to the status of the witness subject to the maximum prescribed above.
THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION & PROTECTION) ACT, 1999
(To be filed in triplicate alongwith the Statement of Case accompanied by five additional representation of the geographical indication)
One representation to be fixed within the space and five others to be send separately
FORM GI-1
A
Application for the registration of a geographical indication in Part A of the Register
Section 11(1), Rule 23(2)
Fee: Rs.
5,000 (See entry No.1-A of the First Schedule)
B
Application for the registration of a geographical indication in Part A of the Register from a convention country
Section 11(1), 84(1), rule 23(3)
Fee: Rs.
5,000 (See entry No.1-B of the First Schedule)
1. Application is hereby made bya..........for the registration in Part A of the Register of the accompanying geographical indication furnishing the following particulars:-
- Name of the Applicant:
- Address:
- List of association of persons/producers/organization/authority:
- Type of goods:
- Specification:
- Name of the geographical indication[and particulars]:
- Description of the goods:
- Geographical area of production and map:
- Proof of origin[Historical records]:
- Method of Production:
- Uniqueness:
- Inspection Body:
- Other:
Along with the Statement of Case in Classb.......b......in respect ofc.........in the name(s) ofd........ whose address is ...... who claims to represent the interest of the producers of the said goods to which the geographical indication relates and which is in continuous use since........in respect of the said goods.
2. The application shall include such other particulars called for in rule 32(1) in the Statement of Case.
3. All communications relating to this application may be sent to the following address inIndia.
4.Inthe case of an application from a convention country the following additional particulars shall also be furnished.
(a) Designation of the country of origin of the geographical indication.
(b) Evidence as to the existing protection of the geographical indication in its country of origin, such as the title and the date of the relevant legislative or administrative provisions, the judicial decisions or the date and number of the registration, and copies, of such documentation.
.........................................................
eSignature
Name of the Signatory (In Block Letters)
C
A single application for the registration of a geographical indication in Part A of the Register for goods falling in different classes
Section 11(3), rule 23(5)
Fee: Rs. 5,000 for each class (See entry No.1-C of the First Schedule)
D
A single application for the registration of a geographical indication in Part A of the Register for goods falling in different classes from a convention country
Section 11(3), rule 23(4)
Fee: Rs. 5,000 for each class (See entry No.1-D of the First Schedule)
1. Application is hereby made bya..... for the registration in Part A of the Register of the accompanying geographical indication furnishing the following particulars:-
- Name of the Applicant:
- Address:
- List of association of persons/producers/organisation/authority:
- Type of goods:
- Specification:
- Name of the geographical indication[and particulars]:
- Description of the goods:
- Geographical area of production and map:
- Proof of origin[ historical records]
- Method of Production:
- Uniqueness:
- Inspection Body:
- Other:
along with the Statement of Case in Class
(i) classb.................. in respect ofc................
(ii) classb................. in respect ofc................
(iii) classb................ in respect ofc.................
in the name(s) ofd................. whose address is ........... who claim (s) to represent the interest of the producers of the goods to which the geographical indication relates and which geographical indication is used continuously since ......... in respect of the said goods.
2. The application shall include such other particulars called for in rule 32(1) in the Statement of Case.
3. All communications relating to this application may be sent to the following address in India.
4. In the case of an application from a convention country the following additional particulars shall also be furnished.
(a) Designation of the country of origin of the geographical indication.
(b) Evidence as to the existing protection of the geographical indication in its country of origin, such as the title and the date of the relevant legislative or administrative provisions, the judicial decisions or the date and number of the registration, and copies, of such documentation
e........................................................
Signature
Name Of The Signatory (In Block Letters)
For instructions please see overleaf
GI-1A to 1D
The Registrar of Geographical Indications
The office of Geographical Indications Registry
(a) . Strike out whichever is not applicable.
(b) . The Registrars' direction may be obtained if the class of the goods is not known.
(c) . Here specify the goods. Only goods included in one and the same class to be specified.
(d) . Insert legibly the full name, description (occupation and calling and nationality of the applicant). In the case of a body corporate or firm the country of incorporation or the names and descriptions of the partners composing the firm and the nature of registration, if any, as the case may be, should be stated. [See rule 15.]
(e) Signature of the applicant or his agent.