Rules 33-34 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 33 says what happens after an application is received: the Registrar examines it and the statement of case, ordinarily with the help of a Consultative Group, and then issues an Examination Report. Rule 34 deals with the objection stage: the Registrar communicates any objection or proposed conditions, and the applicant has two months to amend, reply or ask for a hearing, failing which the application is dismissed.
The Registrar examines the application and statement of case and ordinarily constitutes a Consultative Group of not more than seven representatives, chaired by him, which is ordinarily to finish within three months of its constitution; he then issues an Examination Report. If he has objections or proposes conditions, he must say so in writing (rule 34(1)). If the applicant does not amend, reply or apply for a hearing within two months, or fails to attend the hearing, the application shall be dismissed (rule 34(2)).
Rule 33: examination and the Consultative Group
Rule 33 begins: "Upon receipt of an application, the Registrar shall examine the application and the accompanying Statement of Case as required under rule 32(1) as to whether it meets the requirements of the Act and the Rules."
For this purpose, he "shall ordinarily constitute a Consultative Group". The text gives these features:
- Size. Not more than seven representatives.
- Chair. The Registrar chairs it.
- Members. Drawn from an organisation, authority or persons "well versed in the varied intricacies of this law or field".
- Task. To ascertain the correctness of the particulars furnished in the Statement of Case referred to in rule 32(1).
- Time. The work "shall ordinarily be finalised within three months from the date of constitution of the Consultative Group".
- Result. Thereupon the Registrar issues an Examination Report on the application to the applicant.
This is the stage at which a geographical indication registration file is tested on its merits. The word "ordinarily" appears twice: constituting the Group and finishing within three months are the usual course, not rigid duties. The rule does not set a deadline for the Registrar to constitute the Group after the application is received.
The statement of case is explained in our article on rule 32. The Act's own provisions on prohibited indications are in our article on section 9 of the GI Act, and the application provisions in our article on section 11 of the GI Act.
What the Registry's manual says about practice
The GI Registry's Manual of Practice and Procedure (2011) describes how this works in practice. It is guidance without the force of law, and it is older than both sets of amendment rules, so use it as a picture of practice and not as a rule. It says the Consultative Group meets after the deficiencies are cleared, is chaired by the Registrar, and meets at the GI Registry in Chennai and at Intellectual Property Offices in Delhi, Mumbai and Kolkata, with other locations if needed. The applicant is invited to make a detailed presentation to explain the statement of case; the Group recommends amendments, corrections or further documents and may visit the production area. The manual repeats the three-month target and the two-month period of rule 34.
For a producer group, the practical lesson is that a presentation to experts is part of the process, so the statement of case should be backed by people who can explain it.
Rule 34(1): objection, conditions and communication
Rule 34(1) applies if, "on consideration of the application on merits and of any evidence of use or of a given quality, reputation or other characteristic of such goods that are essentially attributable to its geographical origin or of any other matter relevant which the applicant may be required to furnish", the Registrar either:
- has any objection to acceptance of the application; or
- proposes to accept it "subject to such conditions, amendments, modifications or limitations as he may think right to impose".
In either case the Registrar "shall communicate such objection or proposal in writing to the applicant". The communication is the Examination Report or the notice following it. The text is about the written communication; it does not set out a format.
Rule 34(2): two months, and dismissal
Rule 34(2) says that if "within two months from the date of communication mentioned in sub-rule (1)" the applicant:
- does not amend his application according to the proposal;
- does not submit his observations to the Registrar;
- does not apply for a hearing; or
- fails to attend the hearing, as the case may be,
"the application shall be dismissed".
Read carefully, the sub-rule has a trap. The applicant must do at least one thing in time (amend, give observations, or apply for a hearing), and if a hearing is fixed, must attend it. The period runs from the date of communication, not the date of receipt, which is different from rule 31 on deficiencies, where the month runs from receipt of the notice. See our article on deficiencies.
| Step | Who acts | Period or condition | Consequence |
|---|---|---|---|
| Examination of application and statement of case | Registrar | On receipt (rule 33) | Examination Report |
| Consultative Group | Registrar chairs; not more than seven | Ordinarily finalised in three months | Report to follow |
| Objection or proposal | Registrar | In writing to applicant (rule 34(1)) | Starts two months |
| Response | Applicant | Within two months of communication | Amend, observe or apply for hearing |
| Failure | Applicant | No response or non-attendance | Application dismissed (rule 34(2)) |
Extensions are possible only through the extension provision, which is discussed in our article on extension of time in GI proceedings. Do not rely on it without checking the text, as the extension is on application and at the Registrar's discretion.
What happens after rule 34
After a hearing, or where the applicant has given written observations and says he does not want to be heard, the Registrar's decision is communicated in writing under rule 35, and an applicant who wants to appeal can ask within one month for the grounds. That is explained in our article on rules 35 and 36. If the application is accepted, it is advertised, as covered in our article on advertisement in the GI Journal.
A worked example
Nilgiri Honey Collectors' Society, an invented body, files an application. The Registrar constitutes a Consultative Group, which invites the society's secretary and a beekeeper to present the statement of case. After consideration, the Registrar's Examination Report objects that the quality benchmark is vague. The society receives the communication dated 5 June. It must amend, give observations or apply for a hearing by 5 August. The society applies for a hearing on 20 July and attends it. Had it done nothing, rule 34(2) would have required the application to be dismissed. All names are invented.
Need help with an Examination Report?
An Examination Report is the main test of a GI application, and its two-month clock starts on the date of communication. We help groups prepare for the Consultative Group and draft replies; see our GI registration service for how that works.
Key takeaways
- The Registrar examines the application and statement of case on receipt (rule 33).
- He ordinarily constitutes a Consultative Group of not more than seven, chaired by him, to finish ordinarily within three months.
- An Examination Report follows.
- Objections or proposed conditions must be communicated in writing (rule 34(1)).
- Two months from the communication to amend, reply or apply for a hearing; otherwise dismissal (rule 34(2)).
- Check for amendments after 3 November 2025.
Read next
- Rules 35-36: decision of the Registrar and correction and amendment of the application
- Rule 32: content of application and statement of case
- Rules 29-31: transliteration, name of goods and deficiencies
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.