Rules 104 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.
Rule 104 lists what a person must be to qualify for registration as a geographical indications agent. Rule 105 lists who is not eligible at all. Together they set the gate for the Register of Geographical Indications Agents. People who plan to practise in this field often seek legal consultation on whether their background fits these conditions before applying.
A person qualifies if he is an Indian citizen, at least 21 years old, has passed the rule 108 examination or is an Advocate, is a graduate (or has an equivalent qualification) and is considered by the Registrar a fit and proper person. All of this is subject to rule 105, which debars persons of unsound mind, certain insolvents, certain convicts, and professionals held guilty of misconduct or negligence.
How these rules fit
Rule 102 sets up the Register of Geographical Indications Agents and rule 103 deems existing trade marks agents registered, subject to rule 104; see our article on rules 102 and 103. Rules 106 to 110 cover the application, examination and certificate; see our article on rules 106 to 110. The Act's section on agents is explained in our article on sections 74 to 76 of the GI Act. The trade mark counterpart is in our article on rules 144 and 145 of the Trade Marks Rules, 2017.
Rule 104: the five qualifications
"Subject to the provisions of rule 105, a person shall be qualified to be registered as a Geographical Indications Agent if he-" and then five conditions:
| No. | Condition |
|---|---|
| (i) | is a citizen of India |
| (ii) | is not less than 21 years of age |
| (iii) | has passed the examination prescribed in rule 108 or is an Advocate within the meaning of the Advocates Act, 1961 |
| (iv) | is a graduate of any university in India or possesses an equivalent qualification |
| (v) | is considered by the Registrar as a fit and proper person to be registered as a Geographical Indications Agent |
The list reads as cumulative: it is a single sentence in which each item continues "if he", so a person must meet all five. Item (iii) offers two routes, the examination or Advocate status. An Advocate does not need to sit the examination. The rule does not exempt an Advocate from item (iv), so as printed the graduate (or equivalent) condition applies to every candidate.
Three points deserve attention.
Citizenship. Only an Indian citizen qualifies. Rule 112(2) separately says the Registrar shall refuse to recognise as agent any person who neither resides nor has a place of business in India; see our article on rules 111 to 113.
Age. "Not less than 21 years of age".
Fit and proper. This is a judgment for the Registrar. The rule does not define "fit and proper" or set a procedure for the finding at the stage of application; rule 108 mentions an interview, and rule 109 speaks of the Registrar's consideration of eligibility and qualification.
Rule 105: persons debarred
"A person shall not be eligible for registration as a Geographical Indications Agent if he –" followed by seven grounds:
| No. | Ground |
|---|---|
| (i) | has been adjudged by a competent Court to be of unsound mind |
| (ii) | is an undischarged insolvent |
| (iii) | being a discharged insolvent has not obtained from the Court a certificate that his insolvency was caused by misfortune without any misconduct on his part |
| (iv) | has been convicted by a competent Court, in or outside India, of an offence punishable with transportation or imprisonment, unless the offence has been pardoned or, on his application, the Central Government by order has removed the disability |
| (v) | being a legal practitioner, has been held guilty of professional misconduct by any High Court in India or by any Court beyond the limits of India |
| (vi) | being a chartered accountant or a company secretary, has been held guilty of negligence or misconduct by a High Court |
| (vii) | being a registered geographical indications agent, has been held guilty of professional misconduct by the Registrar |
Notes on specific grounds:
- Insolvency (ii) and (iii). An undischarged insolvent is debarred. A discharged insolvent is debarred unless the Court has certified that the insolvency was caused by misfortune without any misconduct on his part.
- Convictions (iv). The ground is a conviction for an offence "punishable with transportation or imprisonment". The disability can be lifted by pardon or by a Central Government order on application. The word "transportation" is printed as in the 2002 text.
- Professional discipline (v) to (vii). Legal practitioners (held guilty by a High Court in India or a court beyond India), chartered accountants and company secretaries (held guilty by a High Court) and registered agents (held guilty by the Registrar) are covered. Clause (vi) refers to a finding "by a High Court"; clause (v) adds courts beyond the limits of India.
The same list returns in the removal rule: rule 111(2)(a) requires removal of an agent found subject at registration or later to any of the disabilities in clauses (i) to (vi) of rule 105. Clause (vii) is not in that cross-reference.
Who is affected
- Accountants, company secretaries and lawyers who want to add GI work to their practice.
- Existing trade marks agents, whose deemed registration under rule 103(1) is itself "subject to rule 104".
- Producer associations, who may wish to confirm an agent has not been debarred.
Qualification and debarment together
| Step | Rule | Question |
|---|---|---|
| 1 | 105 | Is any ground of debarment present? |
| 2 | 104(i), (ii) | Citizen and at least 21? |
| 3 | 104(iii) | Passed rule 108 examination, or an Advocate? |
| 4 | 104(iv) | Graduate or equivalent? |
| 5 | 104(v) | Fit and proper in the Registrar's view? |
An example
Meera Pillai, a company secretary aged 34 and a commerce graduate, wants registration. She has never been convicted and is not an insolvent. She is qualified under rule 104(i), (ii) and (iv), and she must pass the written examination and interview under rule 108 to meet clause (iii), as she is not an Advocate. By contrast, if a High Court had held her guilty of negligence or misconduct as a company secretary, rule 105(vi) would debar her. Her colleague Arvind, a graduate and an Advocate, need not sit the examination but must still satisfy the Registrar that he is fit and proper.
Points the rules leave open
- "Equivalent qualification" is not defined.
- The rules do not state how long a debarment lasts, except where a pardon or Central Government order lifts a conviction disability.
- The rules do not say what evidence of age or citizenship is to be produced; Form GI-8 and the Registrar's requirements apply.
Amendments made after November 2025 should be checked before acting.
Need help with GI agent registration?
Qualification and debarment questions are easiest to settle before an application is filed. Our legal consultation team can review your position under rules 104 and 105 and explain the next steps in the process.
Key takeaways
- Rule 104 requires citizenship, age of at least 21, examination or Advocate status, graduation or equivalent, and fitness in the Registrar's view.
- All qualifications are subject to rule 105.
- Rule 105 debars persons of unsound mind, certain insolvents, certain convicts and professionals held guilty of misconduct or negligence.
- A conviction disability can be removed by pardon or Central Government order.
- Rule 111(2)(a) removes an agent who has become subject to clauses (i) to (vi) of rule 105.
- Existing trade marks agents are deemed registered only subject to rule 104.
Read next
- Rules 102 and 103: register of GI agents and existing trade marks agents
- Rules 106 to 110: GI agent application, examination, certificate and continuance
- Sections 74 to 76 of the GI Act: address for service, trade usages and agents
- Rules 144 and 145 of the Trade Marks Rules, 2017: qualifications of trade mark agents
Disclaimer: Based on the Geographical Indications of Goods (Registration and Protection) Rules, 2002 as notified on 8 March 2002 and as amended by the Amendment Rules of 2020 (G.S.R. 528(E)) and 2025 (G.S.R. 812(E)), as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.