Rule 23 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 23 is the gateway rule for a GI application. It says every application is made in the prescribed form, signed by the applicant or his agent, filed in triplicate with three copies of the statement of case, and made in Form GI-1 whether it covers one class, many classes or a Convention application. Sub-rule (6) adds five conditions the application must satisfy.
Every application for registration of a geographical indication is made in Form GI-1, signed by the applicant or agent, in triplicate with three copies of a Statement of Case (rule 23(1)). It must be about one geographical indication only, for as many classes as are claimed (rule 23(8)). The indication must be defined with sufficient precision and the graphical representation must stand in place of the indication without samples (rule 23(6)). Extra classes found by the Registrar can be added on payment of the class fee and the divisional fee (rule 23(10)).
Rule 23(1): the basics
Rule 23(1) says every application for registration of a geographical indication "shall be made in the prescribed form and shall be signed by the applicant or his agent and must be made in triplicate alongwith three copies of a Statement of Case". The statement of case, the heart of the application, is set out in rule 32(1) and explained in our article on content of application and statement of case. The signing rules are in our article on signing and service of documents. The Act-level provision for the application is section 11, discussed in our article on section 11 of the GI Act.
Anyone planning a geographical indication registration should read this rule before drafting anything else.
Rule 23(2) to (5): one form, four situations
Form GI-1 comes in four parts, A to D. Each sub-rule says "Form GI-1", and the First Schedule gives a separate entry for each.
| Rule | Situation | Part of Form GI-1 | First Schedule entry |
|---|---|---|---|
| 23(2) | Goods included in any one class | A | 1A |
| 23(3) | Goods in one class, from a convention country under section 84(1) | B | 1B |
| 23(4) | A single application for different classes, from a convention country under section 84(1) | D | 1D |
| 23(5) | A single application for different classes | C | 1C |
As per the First Schedule as substituted in November 2025, entries 1A and 1B are Rs. 1000 each, and entries 1C and 1D are Rs. 1000 for each class. The fee figures printed in the 2002 form text are older and are not to be used. The First Schedule is explained in our article on the fee schedule.
Form GI-1 asks for the applicant's name and address, the list of the association of persons, producers, organisation or authority, the type of goods, the specification, the name of the indication, the description of the goods, the geographical area of production and map, proof of origin, method of production, uniqueness, inspection body and other particulars. It also states the applicant "claims to represent the interest of the producers of the said goods" and that the indication has been in continuous use since a stated date. The form requires that "such other particulars called for in rule 32(1)" be in the statement of case. In a Convention application the form also asks for the country of origin and evidence of protection there; that is the subject of rule 24, covered in our article on Convention applications.
The heading of the form speaks of five additional representations (rule 27), which is explained in our article on representation of the geographical indication.
Rule 23(6): the five conditions
Every application for registration of a geographical indication for goods must satisfy the following conditions.
- Precision (clause a). The indication must be defined "with sufficient precision so that the right to obtain relief in respect of infringement of geographical indication can be determined".
- Stand-alone representation (clause b). The graphical representation must be able to "stand in place of the geographical indication without the need for supporting samples".
- Readable from the Register (clause c). It must be reasonably practicable for persons inspecting the Register or reading the Geographical Indications Journals to understand from the graphical representation what the indication is.
- Three dimensional indications (clause d). An application for a three dimensional indication shall not be acted upon as such unless the application contains a statement to that effect.
- Colour combinations (clause e). Where a colour combination is claimed as an element of the indication, it shall not be acted upon as such unless the application contains a statement to that effect and specifies the colours.
"Graphical representation" is defined in rule 2(1)(l) as the representation of the indication "in paper form". These conditions apply to the representation of the indication, whether a name, a logo or a shape. Our article on definitions lists that term with the others.
Rule 23(7): dividing an application
Rule 23(7) says an amendment to divide an application under the proviso to section 15 "shall be made in Form GI-5". The division procedure is rule 82(B) and entry 5E, covered in our article on divisional applications.
Rule 23(8) and (9): one indication, concise description
Rule 23(8) says every application shall be "in respect of one geographical indications only for as many class or classes of goods as may be made". So two different names need two applications. Rule 23(9) says the Registrar may require a more concise description of a geographical indication if it relates to a colour combination, a three-dimensional indication, designs which are symbols of definite concepts, or a configuration of goods or packaging, to evaluate the substantive rights in it.
Rule 23(10): the Registrar finds an additional class
Where an applicant files a single application for one or more classes and the Registrar determines that the goods applied for fall in class or classes in addition to those applied for, the applicant may:
- restrict the specification of goods to the class applied for; or
- amend the application to add the additional class or classes on payment of the appropriate class fee and the divisional fee.
The new class created through a division "retains the benefit of original filing date", or, for an application from a convention country, the convention application date under section 84(1), "provided the claim was otherwise properly asserted in the original application". The class fee is entry 1 and the divisional fee is in the First Schedule at entry 5E, which is Rs. 1000 as per the First Schedule as substituted in November 2025.
Drafting notes on the text
Rule 23(1) says "triplicate along with three copies of a Statement of Case", while the form heading speaks of filing in triplicate with the statement of case "accompanied by five additional representation". The two requirements can be read together: triplicate application, three copies of the statement of case and five additional representations. There is also a stray full stop-and-semicolon after "Form GI- 1;." in rule 23(3). These do not change the meaning.
A worked example
Deccan Chilli Growers' Producer Company, an invented body, applies for its chilli name. The goods are fresh and dried chilli in Class 31 and chilli powder in Class 30. It files a single application under rule 23(5), Part C of Form GI-1, in triplicate, with three copies of the statement of case, and pays the entry 1C fee for each class. The Registrar later finds that a processed product also falls in a third class. Under rule 23(10) the company may restrict the specification or add the class on payment of the class fee and the divisional fee, keeping the original filing date. All names are invented.
Need help preparing Form GI-1?
A GI application stands or falls on its definition, its representation and its statement of case. Our team prepares and checks these papers; see our GI registration service to plan your filing step by step.
Key takeaways
- All GI applications are made in Form GI-1, signed by the applicant or agent, in triplicate with three copies of the statement of case (rule 23(1)).
- One application covers one indication, for one or several classes (rule 23(8)).
- The indication must be precise and its graphical representation self-standing (rule 23(6)).
- Three dimensional and colour claims must be stated expressly.
- Added classes can be taken in on payment of the class fee and the divisional fee, keeping the original filing date (rule 23(10)).
- Check for amendments after 3 November 2025.
Read next
- Rules 24-25: Convention application and statement of user
- Rules 26-28: representation of the geographical indication
- Rule 32: content of application, statement of case and acknowledgement
- Who can apply for GI registration: producers and associations
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.