Rule 106 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 106 gives an interested party a way to ask the Registrar to refuse or invalidate a registered trademark that contains or consists of a geographical indication in two situations: where the indication would mislead people about the true place of origin of the goods, and where the indication identifies goods notified under section 22(2) of the Geographical Indications of Goods (Registration and Protection) Act, 1999.
A request in Form TM-O may be made to the Registrar, by an interested party, for the refusal or invalidation of a registered trademark, together with a statement of case and an affidavit. The trademark must either (a) contain or consist of a geographical indication for goods not originating in the territory, region or locality that the indication names, in a way likely to confuse or mislead as to true place of origin; or (b) contain or consist of a geographical indication identifying goods notified under section 22(2) of the GI Act, 1999.
Which law this rule serves
The rule is in the Trade Marks Rules but refers to the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999). Our articles on Section 25 of the GI Act and Section 26 of the GI Act explain the GI Act's rules on trademarks. Rule 106 itself is procedural: it names the form and the papers, and the tests it repeats are those printed in its two clauses.
For a comparison of the two kinds of right, see GI vs trademark: key differences and overlaps. If you suspect that a registered mark misuses a place name, our legal consultation team can look at the facts and the route.
The request: form, applicant and papers
The rule opens: "A request in Form TM-O, may be made to the Registrar for the refusal or invalidation of a registered trademark by an interested party along with a statement of case together with an affidavit".
| Element | Text of rule 106 |
|---|---|
| Form | Form TM-O |
| Addressed to | The Registrar |
| Applicant | "an interested party" |
| Papers | "a statement of case together with an affidavit" |
| Relief | "refusal or invalidation of a registered trademark" |
Four points arise from the text.
- "Interested party" is not defined in the rule. The reader should not assume a narrower meaning than the words.
- The subject is a "registered trademark". The relief is described as refusal or invalidation; the rule does not explain how a registered mark is "refused", and the text is silent on that. This looks like an inherited wording, and the reader should treat "invalidation" as the working remedy for a registered mark.
- No time limit, no fee and no procedure after filing are stated in rule 106. The later steps (service, counterstatement, evidence) are not described in this rule, and the text does not say which rules apply. Rule 97 deals with applications for rectification under sections 47, 57, 68 and 77, and its list does not include rule 106 or the GI Act; so the reader should not assume that rule 97's procedure applies without checking.
- The affidavit is a separate paper from the statement of case. The format for affidavits generally is in rule 120, covered in our article on rule 120 (form of affidavits) in this series.
The first ground, clause (a): misleading place of origin
The registered trademark "contains or consists of a geographical indication with respect to goods or class or classes of goods not originating in the territory of a country, or a region or locality in that territory which such geographical indication indicates, if the use of such geographical indication in the trademark for such goods, is of such nature as to confuse or mislead the persons as to the true place of origin of such goods or class or classes of goods".
Unpacking it:
- The mark contains or consists of a geographical indication.
- The goods do not originate in the territory, region or locality that the indication names.
- The use of the indication in the mark for those goods is of such a nature as to confuse or mislead persons as to the true place of origin of the goods.
All three elements are cumulative on the text. A truthful place name on goods that really come from that place does not meet the clause. Equally, the mere presence of a place name on goods from elsewhere does not meet it unless it is likely to confuse or mislead about origin.
An invented example: "Valdoria Mountain Tea" is registered as a trademark for tea packed in a plain factory town, far from the Valdoria hills that give their name to a recognised tea indication. Buyers reading the mark are likely to think the leaf is from Valdoria. A tea cooperative from the Valdoria hills, as an interested party, files Form TM-O under rule 106(a) with a statement of case and affidavit.
The second ground, clause (b): notified goods
The registered trademark "contains or consists of geographical indication identifying goods or class or classes of goods notified under sub-section (2) of section 22 of the Geographical Indications of Goods (Registration and Protection) Act, 1999".
Notice the difference from clause (a): clause (b) has no misleading element and no mention of where the goods come from. The test is that the indication identifies goods or classes of goods that have been notified under section 22(2) of the GI Act. The Rules do not say what section 22(2) provides or list the notified goods; the GI Act and its notifications must be checked for that.
An invented example: Suppose a given handloom textile class has been notified under section 22(2) of the GI Act. A trademark that contains or consists of that indication for those goods falls within clause (b) without any need to show that buyers are misled. The interested party shows the notification and the mark.
Drafting note: the opening sentence of the rule ends with "and which—" followed by two clauses; the grammar is loose (the clauses describe the trademark, not the request). The sense is as explained above.
Rule 106 at a glance
| Question | Answer from the text |
|---|---|
| Which form? | Form TM-O |
| Who may file? | An interested party |
| What goes with it? | Statement of case and affidavit |
| Relief | Refusal or invalidation of a registered trademark |
| Ground (a) | GI-containing mark for goods not from the named territory, likely to confuse or mislead about origin |
| Ground (b) | GI-containing mark for goods notified under GI Act section 22(2) |
| Time limit, fee, later procedure | Not stated in the rule |
Need help with a GI conflict?
Whether a mark conflicts with a geographical indication depends on the indication, the goods and the notification. TaxClue's legal consultation team can review the mark, the GI position and the papers you would need for Form TM-O.
Key takeaways
- Rule 106 allows an interested party to ask the Registrar, in Form TM-O, to refuse or invalidate a registered trademark that conflicts with a geographical indication.
- The request is accompanied by a statement of case and an affidavit.
- Ground (a): the mark contains or consists of a GI for goods not originating in the place the GI names, in a way likely to confuse or mislead about origin.
- Ground (b): the mark contains or consists of a GI identifying goods notified under section 22(2) of the GI Act, 1999.
- The rule states no time limit, fee or onward procedure.
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 103–105: Advertisement before decision, decision and re-classification
- Rules 107–108: Single application for multiple classes and divisional application
- GI vs Trademark: Key Differences and Overlaps
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 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.