Rules 24-25 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 24 sets out what a foreign applicant from a Convention country must file with a GI application under section 84 of the Act: a certificate from its home GI office, or proof within two months, and a first-application statement. Rule 25 requires every application, for the indication or as an authorised user, to carry a statement of user backed by an affidavit with exhibits.
A Convention application under section 84 must include a certificate by the Registry or competent GI authority of the Convention country giving the particulars of the indication and the date or dates of the first filing there; if it is not filed with the application, it must be filed within two months of filing the application. The application relied on must be the applicant's first in a Convention country for the same indication. Every application for registration or as an authorised user must contain a statement of the period and the person by whom the indication has been used, supported by an affidavit and exhibits.
Rule 24(1): the certificate from the home office
Rule 24(1) applies where an application for registration of a geographical indication is filed by an applicant from a Convention country under section 84. A "Convention Country" is a country notified under section 84(1), defined in rule 2(1)(g), and a "Convention Application" is one made by virtue of section 84 (rule 2(1)(h)). Our article on sections 84 and 85 of the GI Act explains the Act's scheme.
A certificate by the Registry or competent authority of the Geographical Indications Office of the Convention country "shall be included in the application for registration under sub-rule (3) or (4) of Rule 23". It must include:
- the particulars of the geographical indication;
- the country and the date or dates of filing of the first application in the Convention country; and
- such other particulars as the Registrar may require.
The reference to rule 23(3) and (4) points to the single class and multi class Convention applications, both on Form GI-1; see our article on rule 23 and Form GI-1. The form itself, in its Convention part, asks for the designation of the country of origin and evidence of protection there.
Foreign producer groups planning a GI registration in India should obtain this certificate before filing.
Rule 24(2): if the certificate is not filed with the application
Rule 24(2) provides that "unless such certificate has been filed at the time of the filing of the application", a document must be filed within two months of the filing of the application under rule 23(3) or (4), "certifying or verifying to the satisfaction of the Registrar" the date of filing of the application, the country, the representation of the geographical indication, and the class and goods covered. The two months run from the filing of the application.
The rule does not say what follows if the two months pass. It is silent on consequences; read it together with the abandonment provisions for deficiencies in rule 31 and the extension provisions in rule 83, discussed in our articles on deficiencies and on extension of time, and do not assume more time is available.
Rule 24(3): the first application
The application relied under sub-rule (1) "must be the applicants' first application in a convention country for the same geographical indications and for all or some of the goods under that application". It must include a statement showing:
- the filing date of the foreign application relied upon;
- the Convention country where it was filed;
- the serial number, if available; and
- the Convention application date as claimed.
Rule 24(4): continuous valid basis in every class
Where a single application under section 11(3) from a Convention country is received for one or more classes, the applicant "must establish a continuous valid basis for the convention application date in all classes". In plain words, if the foreign filing covered some classes but not others, the Convention date cannot be claimed for the uncovered classes. Rule 23(10) separately says a class added by division keeps the Convention application date if the claim was properly asserted in the original application.
| Step | Rule | What is required |
|---|---|---|
| Certificate from home office | 24(1) | Included with the application; particulars of the indication, country, filing date(s) of first application |
| If not filed with application | 24(2) | Certifying or verifying document within two months of filing |
| First application | 24(3) | First application in a Convention country for the same indication; statement of date, country, serial number, claimed date |
| Multi-class | 24(4) | Continuous valid basis for the Convention date in all classes |
Rule 25: statement of user in all applications
Rule 25 applies to an application "to register a geographical indication or as an authorised user". It must contain a statement of "the period during which, and the person by whom it has been used in respect of the goods mentioned in the application".
The applicant "shall file an affidavit testifying to such user" with exhibits showing:
- the geographical indication as used;
- the volume of sales under that geographical indication;
- the definite territory of the country, region or locality in the country to which the indication relates; and
- such other particulars as the Registrar may call for after perusing the application.
The affidavit follows the rules on form of affidavits in rule 93, covered in our article on the form of affidavits. Form GI-1 itself says the indication is "in continuous use since" a stated date, so the user date in the form and the period in the statement should match.
For many Indian applicants the practical work is collecting evidence of the sales and the territory. Typical exhibits would be invoices, price lists, photographs of labelled goods, and records of the society showing who sold what, and where. That is advice rather than a requirement in the rule; the rule names the categories, not the documents.
Note that a Convention applicant files the statement of user too; rule 25 does not exempt it. Where the indication has not yet been used in India, the affidavit should say so accurately; the rule asks for the period and person of use, and says nothing about use in India specifically.
A worked example
Alpenglow Highland Tea Growers, an invented association from a Convention country, files a Convention application for one class. It attaches the certificate from its home GI office showing the particulars of the indication and the date of its first filing there. Had it not, rule 24(2) would give it two months from the filing to file a certifying or verifying document. Its statement under rule 25 gives the period of use and the producers using the name, and its affidavit has exhibits showing the label, the volume of sales and the territory to which the name relates. All names are invented.
Need help with a Convention filing or the user affidavit?
Foreign filings and evidence of use are document-heavy and time-sensitive. We help groups organise the certificate, the affidavit and the exhibits; see our GI registration service for how a filing is planned.
Key takeaways
- A Convention application includes a certificate from the home GI office with the particulars and first filing date(s) (rule 24(1)).
- If it is not filed with the application, a certifying or verifying document is due within two months of filing (rule 24(2)).
- The foreign application relied on must be the applicant's first in a Convention country for the same indication (rule 24(3)).
- A continuous valid basis for the Convention date is needed in all classes (rule 24(4)).
- Every application, including for an authorised user, carries a statement of user and an affidavit with exhibits (rule 25).
- Check for amendments after 3 November 2025.
Read next
- Rules 26-28: representation of the geographical indication and additional representations
- Rule 23: form and signing of the application in Form GI-1
- Section 11 of the GI Act: application for registration
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.