Geographical Indication Objection
- Art Teacher
- London, UK
- 5-7 Hrs
If you’ve filed a GI application—or you’ve come across one that you think shouldn’t be approved. This is where the GI objection process steps in. Under the Geographical Indications of Goods (Registration and Protection) Act, 1999, once a GI application is examined and preliminarily accepted, it’s published in the GI Journal for public scrutiny. Anyone—whether a competitor, producer, or concerned individual—can file an objection within 3 months (extendable by 1 month) from the publication date. This is a crucial legal safeguard to prevent misuse, duplication, or conflict with pre-existing rights. Objections are often raised on grounds such as lack of distinctiveness, misleading origin claims, or similarity with an existing GI or trademark. This ensures that only authentic and deserving products receive GI protection.
- Form GI-2 (Notice of Opposition)
- Statement of Grounds for Opposition (with facts, legal reasons, and evidence)
- Power of Attorney (if filed through an advocate or agent)
- Supporting Documents such as Prior use or Evidence of existing rights
- Proof of misleading or false claims
- Affidavit (verifying facts stated in the objection)
- Prescribed Fee Receipt
- Publication of GI Application in the GI Journal
- Opposition Filing within 3 months (extendable by 1 month) using Form GI-2
- Serving of Notice to the original GI applicant by the Registrar
- Applicant’s Counter-Statement to be filed within 2 months
- Evidence Submission by both parties in support of their claims
- Hearing & Decision by the GI Registrar based on documents and arguments
- Final Order
FAQs
Yes, a trademark owner or any other person can oppose a GI registration after its advertisement by filing a notice of opposition with the Registrar within a specified period.
Objections can be filed either online or in physical format, depending on the specific context and the rules of the relevant authority.
If the applicant does not respond to the objection/opposition within the stipulated time, the application for GI registration is deemed abandoned.
No, as per principles of natural justice, both parties must be given an opportunity to be heard before a final decision.
A rectification or cancellation petition can be filed under Section 27 of the GI Act before the appropriate forum.