Rules 35-36 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 35 deals with the Registrar's decision after a hearing under rule 34 or rule 37: it must be communicated in writing, and an applicant who means to appeal may ask within one month for the grounds and materials. Rule 36 lets an applicant correct errors in an application, or amend it, on Form GI-5, as long as the change does not substantially alter or substitute the original application.
After a hearing under rule 34 or rule 37, or without one if the applicant has given written observations and does not wish to be heard, the Registrar communicates his decision in writing. An applicant who intends to appeal may, within one month of receipt, ask the Registrar to state in writing the grounds and materials used, and the date that statement is sent is deemed the date of decision for the purpose of appeal. Appeals from the Registrar's orders now lie to the High Court under section 31 of the Act. Under rule 36, errors may be corrected and amendments made on Form GI-5 before registration, but not if they change the indication, the description of goods or the territory so as to substantially alter the application.
Rule 35(1): the decision and the request for grounds
Rule 35(1) applies to "the decision of the Registrar under rule 34 or rule 37" given:
- after a hearing; or
- without a hearing, if the applicant has duly communicated his observations in writing and has stated that he does not desire to be heard.
The decision "shall be communicated to the applicant in writing". If the applicant intends to appeal, he may "within one month from the date of receipt of such communication request the Registrar to state in writing the grounds of, and the materials used by him in arriving at his decision".
Rule 34 is the objection and hearing rule, explained in our article on examination and the Consultative Group. Rule 37 deals with withdrawal of acceptance, explained in our article on withdrawal of acceptance.
The one-month clock here runs from receipt of the communication, so anyone pursuing a geographical indication registration should keep proof of the date of receipt. The request is optional: it is for an applicant who "intends to appeal". The text of the rule does not say that a request is a pre-condition of the appeal itself, but it does fix the date from which time for the appeal is counted (sub-rule (3)).
Rule 35(2): requirements the applicant does not object to
Rule 35(2) says that where the Registrar makes any requirements to which the applicant does not object, "the applicant shall comply therewith before the Registrar issues a statement in writing under sub-rule (1)". So an applicant who accepts some of the Registrar's requirements should comply with them first; the statement of grounds then deals with what remains in dispute.
Rule 35(3): the date of decision for appeal
The date "when the statement in writing under sub-rule (1) is sent shall be deemed to be the date of the Registrar's decision for the purpose of appeal". This is why the request matters: it moves the starting point of the appeal period to the date the Registrar sends his written grounds.
Appeals: the Appellate Board is gone
Rule 35 itself does not name the appellate forum, but the appeal it contemplates is under section 31 of the Act. The Intellectual Property Appellate Board, which the Rules and some older texts mention, was abolished by the Tribunals Reforms Act, 2021, and appeals against Registrar's orders under the GI Act now lie to the High Court. See our article on section 31 of the GI Act. Rule 98 on the time for appeal still speaks of the Board and is discussed in our later article on the time for appeal. Read "High Court" where the Rules say "Board", and check the current procedure.
Rule 36: correction and amendment on Form GI-5
Rule 36 allows an applicant for registration of a geographical indication to apply "whether before or after acceptance of his application but before the registration of the geographical indication" on Form GI-5, accompanied by the prescribed fee, for:
- the correction of any error in or in connection with his application; or
- any amendment of his application.
The limit is in the proviso: the proposed amendment must not "relate to amendment of the geographical indication or amendment in the description of goods or to the definite, territory, region or locality, as the case may be, that would have the effect of substantially altering or substituting the original application".
| Change sought | Allowed under rule 36? |
|---|---|
| Correction of a clerical error, such as a wrong address or typing slip | Yes, on Form GI-5 with the prescribed fee |
| Amendment that does not touch the indication, the description of goods or the territory | Yes, on the same footing |
| Amendment of the indication, description of goods or territory that substantially alters or substitutes the original application | No |
| Timing | At any time before registration, whether before or after acceptance |
The wording is "does not relates to amendment ... that would have the effect of substantially altering", and the test is the effect on the application, not the label of the change. A small correction to the spelling of a village name will not alter the application; replacing a district with a whole state will. The Act-level source for correction and amendment is section 15, explained in our article on section 15 of the GI Act.
The Form GI-5 relevant here is the general amendment use; Form GI-5 has several parts for other purposes, including change of address, division and search, covered elsewhere in this series. The First Schedule fee for correction of errors in the name, address or description of the registered proprietor is entry 5C, but that concerns the register; rule 36 simply says "the prescribed fee", and the applicant should confirm the applicable entry with the Registry before filing.
The GI Registry's Manual of Practice and Procedure (2011), which is guidance without the force of law, repeats rule 36 in its chapter on examination and adds that an amendment which substantially alters or substitutes the original application "will not be allowed".
How the two rules fit together
- The Registrar objects, hears the applicant and decides (rules 34 and 35).
- The applicant who wants to appeal asks for the grounds within one month of receipt (rule 35(1)).
- The date the statement is sent is the date of decision for the appeal (rule 35(3)).
- In the meantime, an applicant may correct errors or amend within the limits of rule 36.
- If the application survives, it moves to advertisement; see our article on advertisement in the GI Journal.
A worked example
Konkan Kokum Growers' Association, an invented body, is told after a hearing that its application is refused because the territory is described too widely. It receives the decision on 12 April. On 30 April it asks the Registrar for the grounds and materials, since it intends to appeal. The Registrar sends the statement on 20 May; under rule 35(3) that is the deemed date of decision for appeal. Separately, the association notices a wrong pincode in the application and files Form GI-5 with the fee to correct it, which rule 36 allows because the correction does not alter the application. All names are invented.
Need help with a refusal or an amendment?
Deciding whether to amend, argue or appeal is a strategic call with short time limits. We help applicants weigh the options and prepare the papers; see our GI registration service for support on your file.
Key takeaways
- The Registrar's decision under rule 34 or rule 37 is communicated in writing (rule 35(1)).
- An applicant who intends to appeal may ask for grounds and materials within one month of receipt.
- The date the statement is sent is the deemed date of decision for the purpose of appeal (rule 35(3)).
- Appeals now lie to the High Court under section 31; the Appellate Board has been abolished.
- Errors can be corrected and amendments made on Form GI-5 before registration, but not if they substantially alter or substitute the application (rule 36).
- Check for amendments after 3 November 2025.
Read next
- Rule 37: withdrawal of acceptance by the Registrar
- Rules 33-34: examination, Consultative Group, objection and hearing
- Section 15 of the GI Act: correction and amendment of application
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.