Draft explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The closing parts of the October 2025 draft Guidelines for the Use of GI and the GI Logo cover the exceptions, a disclaimer by the Department for Promotion of Industry and Internal Trade (DPIIT), a compliance checklist and nine questions with answers. This article explains each, turns the checklist into a label-and-advertising review, and shows where the draft is unclear. If a label or listing is already in dispute, our legal notice drafting service can help.
This is a draft published for comments (October 2025); it is not final, it is not law and does not have the force of law; the Act and the Rules as now in force prevail. The current position should be checked on ipindia.gov.in.
The draft would exempt official use by government bodies and non-commercial and promotional use, and keeps certain exceptions for prior trade marks, a person's own name and generic terms within a registered name. DPIIT would be custodian of the logo, could change its design, and would not be responsible for the quality of goods; the draft says no fee would be charged for the logo. Its seven-point checklist is a pre-release check. Misuse is governed by the Act's penalty provisions as amended in 2023. The Act and Rules govern until anything is finalised.
The exceptions (draft part 2)
The draft's exceptions part exempts two groups of use from its regulations on the name and logo. The first is use by Central Government Ministries and Departments, State and Union Territory administrations and Indian Embassies and Missions abroad, in official programmes or events they organise or support, and in educational, publicity and promotional material they disseminate. The second is use for all non-commercial and promotional purposes, including articles and blogs in newspapers, magazines and the internet, events, and programmes broadcast on electronic media or other communications.
A separate, earlier passage (1.1.2.3) lists exceptions to the restriction on the registered name: a registered trade mark for which an application was filed or rights were acquired through good-faith use before the GI registration; one's own name, famous pseudonym, professional name, pen name or famous abbreviation, without wrongful intent; a generic term that forms part of the registered name; and non-commercial uses such as academic and educational use, journalism and media, and cultural and historical references. The draft's illustration is a university study of the weaving techniques of a registered textile. The statutory position on trade marks is in our comparison of GI and trade mark. The questions of generic words in a name are in Manual Chapter 5 on prohibited indications.
An unclear point to watch
The draft says in 1.1.2.3 that "in any case (restricted or exceptional), the GI Logo is not allowed", yet the exceptions part exempts non-commercial and promotional use of "GI Name and Logo". The two passages do not sit easily together. The question about the logo's reach in exempt uses will have to be settled in the final text, so a user should not assume that an exemption for the name extends to the logo. Another pair of statements: the registration number is described as optional in 1.2.3, while an answer to a common question says the logo must appear along with the tagline and the registration number. A label designer should wait for the final guidance, and meanwhile follow the more cautious reading.
The disclaimer (draft part 3)
The draft proposes that DPIIT be the custodian of the logo. DPIIT would reserve the right to change the design and layout and to seek additional details from any user of the logo. It would not be responsible for the authenticity or quality of goods on which the logo is used or for information shared on any media, would hold no financial obligation, and would not be liable for claims arising from unauthorised use. It also says no fee or charge would be levied for use of the logo.
In practice the disclaimer puts responsibility on the user. A producer who uses the logo carries the risk of its own claims; the logo does not vouch for a product. Keep to the logo version that the Registry or DPIIT currently publishes, since the design may change.
The compliance checklist (Annexure I)
The draft's checklist is for authorised users and for those who have their assent or procure from them, to be completed before use or market release. Here it is in our own words, extended to labels and advertising.
| Check | What to confirm | Where it matters |
|---|---|---|
| Characteristics | Goods match the registered characteristics: material, process, region, method | Production records |
| Authorised user | The producer is a registered authorised user; verify the identification with the Registry | Supplier files |
| Registration number | If shown on the pack, it follows the draft's format and sits by the logo | Pack artwork |
| Logo accuracy | No distortion; size and colour as specified | Print proofs and web banners |
| Tagline | The Hindi and English tagline shown with the logo, placed correctly | Pack artwork |
| Misleading terms | No "type", "style" or "inspired by" wording, nor blends passed off under a registered name | Labels, product pages |
| Place of origin | If the pack indicates the place, say where the goods really come from | Labels, marketplace listings |
For the "style" and "type" point, the Act's infringement provision is the reference; see section 22 on infringement of registered geographical indications.
The draft's common questions (Annexure II)
The nine questions repeat the main text in simple language. The points worth noting:
- Who can use a GI. Authorised users registered under section 17, and people with their assent or procuring from them, now including carriers in the supply chain as well as dealers, packagers and intermediaries.
- Conditions. Goods from the registered territory, methods and quality as documented at registration, an active and valid authorised-user registration, and compliance with the guidelines.
- Scope of prohibited use. Labels, wrappers and packaging; e-commerce listings, social media and meta-tags; printed and outdoor advertising; trade documents such as invoices and export certificates. The draft says unauthorised use attracts civil and criminal liability; the Act's penalty provisions as amended in 2023 apply, and the amount and the route of adjudication are for the Act (see section 37A on adjudication of penalties and section 38 on falsifying and falsely applying geographical indications).
- Exceptions. Non-commercial academic, journalistic or cultural uses, with two illustrations from the draft, a research paper on a registered textile and a documentary on a registered sandalwood. Commercial exploitation or misrepresentation is not exempt.
- The logo. A stylised "GI" in a circular emblem with a tricolour ribbon, always with the official tagline.
- Display. On the front-facing portion of the pack or label, visible at the point of sale, not on a bottom or inside fold; on digital platforms, the first visible panel or header.
- Resizing. Permitted to fit packaging, but aspect ratio, colour scheme and text must not change; pixelation, distortion, stretching or cropping are prohibited.
For a general summary of what follows from misuse, see infringement of geographical indications and penalties.
Our label review: a working order
- Verify authorised-user status and the supplier chain.
- Match the goods to the registered specification.
- Check every word on the pack and online listing for "style", "type" or similar.
- Check the logo artwork from the official source.
- Check invoices, shipping documents and certificates of origin.
- Keep a record of the review.
A worked example
The Kaveripur Silk Exporters' Group (an invented body) sells registered silk sarees. A buyer's catalogue calls another maker's cloth "Kaveripur-style silk" and the group's designer has redrawn the logo in the pack's colours.
The group applies the checklist. It tells the buyer to remove "style", since the draft treats such terms as misleading and the Act's infringement rule is the test. It replaces the redrawn logo with the official one, unaltered, with the tagline. It ensures that the invoice and certificate of origin show the registered name only for sarees from authorised users. It will not rely on any draft exemption for its commercial catalogue.
Common lapses
- Treating an exemption for the name as an exemption for the logo.
- Redrawing or recolouring the logo.
- Using "style", "type" or "inspired by" next to a registered name.
- Relying on the draft's statement of liability instead of the Act.
- Forgetting invoices and export certificates.
Need help with a notice?
If someone is using a registered name or the logo on goods or online without authority, or you have received an allegation, our legal notice drafting service can prepare or answer the notice against the Act's provisions.
Key takeaways
- The draft proposes exemptions for official and non-commercial use and keeps some exceptions for the name.
- DPIIT would be custodian of the logo, no fee would be charged, and responsibility for quality stays with the user.
- The checklist is a pre-release check of origin, authorised-user status, logo, tagline and wording.
- The draft is unclear on the logo in exempt uses and on the registration number.
- The Act's penalty provisions as amended in 2023 govern misuse.
Read next
- Draft logo guidelines 2025: who may use a registered GI and the logo
- What the GI Registry Manual and the drafts are
- Manual Chapter 5: prohibited geographical indications
- GI and trade mark: differences and overlaps
Disclaimer: Based on the documents of the Geographical Indications Registry named in the article (the Manual of Geographical Indications Practice and Procedure, Version 01.11 of 26 July 2011, and the draft guidelines published for comments in October 2025 and September 2026), as consulted on 4 October 2026. A draft is not final; none of these documents has the force of law; the Geographical Indications of Goods (Registration and Protection) Act, 1999 and the Rules of 2002 as now in force prevail and the current position should be checked on ipindia.gov.in. This article is general information, not legal advice; check the official text before acting.