Rule 37 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 37 covers the situation after an application has been accepted but before the geographical indication is registered, when the Registrar thinks the acceptance was a mistake or that different conditions should apply. He must tell the applicant in writing; the applicant has thirty days to amend or ask for a hearing, failing which the acceptance is deemed withdrawn.
If, after acceptance but before registration, the Registrar objects on the ground that the application was accepted in error, that the indication ought not to have been accepted in the circumstances, or proposes conditions or limitations, he must communicate this in writing. Unless the applicant amends or applies for a hearing within thirty days of the communication, the acceptance is deemed withdrawn and the application proceeds as if it had not been accepted. A hearing must be on at least fifteen days notice, unless the applicant consents to shorter notice.
Rule 37(1): the grounds and the written communication
Rule 37(1) applies "after the acceptance of an application but before the registration of the geographical indication". The Registrar may have any of three things in mind:
- an objection that the application "was accepted in error";
- an objection that "the geographical indication ought not to have been accepted in the circumstances of the case"; or
- a proposal that the indication "should be registered only subject to conditions or limitations, or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted".
In each case, "the Registrar shall communicate such objection in writing to the applicant". The Act's own provision on withdrawal of acceptance is section 12, covered in our article on sections 12 and 13 of the GI Act. Rule 37 is its procedure.
The first limb is notable for what it admits: the Registry can revisit its own acceptance. Producer groups sometimes treat acceptance as the end of the examination stage, and the advertisement as a formality. Rule 37 shows that acceptance can still be reopened until the indication is registered, so an applicant who gets such a notice may wish to take a legal consultation without delay.
Rule 37(2): the thirty days
Rule 37(2) says: "Unless within thirty days from the date of the communication mentioned in sub-rule (1) the applicant amends his application to comply with the requirements of the Registrar or applies for a hearing, the acceptance of the application shall be deemed to be withdrawn by the Registrar, and the application shall proceed as if it had not been accepted."
Three points stand out.
- The period runs from the date of the communication, not from receipt. A communication posted on 1 June starts the thirty days on 1 June, regardless of when it arrives. Compare rule 31, where the one month runs from receipt of the notice. See our article on deficiencies.
- Two responses stop the clock: amending the application to comply with the requirements, or applying for a hearing. Merely writing a letter of protest is not one of the two in the text.
- The consequence is automatic: the acceptance is deemed withdrawn, and the application proceeds as if it had not been accepted. The application is not dismissed in the sense of rule 34(2); it goes back to the pre-acceptance stage.
The amendment must be consistent with rule 36, which does not allow an amendment that substantially alters or substitutes the original application; see our article on correction and amendment.
| Stage | Rule | Period or condition | Consequence |
|---|---|---|---|
| Communication of objection or proposal | 37(1) | In writing | Starts thirty days |
| Applicant amends or applies for hearing | 37(2) | Within thirty days of the communication | Acceptance continues until decided |
| No amendment and no hearing request | 37(2) | After thirty days | Acceptance deemed withdrawn; application proceeds as if not accepted |
| Hearing notice | 37(3) | At least fifteen days after the notice | Unless the applicant consents to shorter notice |
| Orders | 37(4) | After hearing and considering submissions | Such orders as the Registrar deems fit |
Rule 37(3): the hearing
If the applicant intimates within the thirty-day period that he wishes to be heard, "the Registrar shall give notice to the applicant of a date when he will hear him". The appointment must be "for a date at least 15 days after the date of the notice, unless the applicant consents to a shorter notice". The applicant may also state that he does not desire to be heard and submit such submissions as he considers desirable.
So the applicant has three choices: ask for a hearing, waive it and file written submissions, or amend. A farmers' federation with limited time to travel might prefer written submissions, but should consider that an oral hearing lets it answer the Registrar's concern directly.
Rule 37(4): orders after hearing
After hearing the applicant and considering any submissions, "the Registrar may ... pass such orders as he may deem fit". The rule says nothing more about the content of the orders. The decision under rule 37 is a decision for the purpose of rule 35, so the applicant may ask for the grounds within one month if it intends to appeal, as discussed in our article on rules 35 and 36. Appeals from the Registrar's orders now lie to the High Court under section 31, covered in our article on section 31 of the GI Act; the Appellate Board referred to in older texts was abolished by the Tribunals Reforms Act, 2021.
Where rule 37 sits in the sequence
Acceptance under rule 34 and the Act is followed by advertisement under rules 38 to 40; our article on advertisement in the GI Journal explains that stage. Rule 37 can operate between acceptance and registration, which means it can arise before or after advertisement, so long as registration has not taken place. The text sets no earlier limit.
A worked example
Sundarbans Honey Collectors' Cooperative, an invented body, has its application accepted and advertised. Before registration the Registrar writes on 3 July that the territory in the application overlaps an area already covered by another indication and proposes that the indication be registered only for goods from a narrower area. The cooperative has thirty days from 3 July. It applies for a hearing on 20 July. The Registrar fixes a hearing on 10 August, which is more than fifteen days after the notice dated 22 July. At the hearing, the cooperative submits its evidence and the Registrar passes his order. Had the cooperative done nothing by 2 August, the acceptance would have been deemed withdrawn. All names are invented.
Need help responding to a rule 37 notice?
Thirty days is short, and silence has an automatic consequence. If you have received a notice proposing to withdraw acceptance, take a legal consultation quickly so that an amendment or a hearing request goes in on time.
Key takeaways
- Rule 37 applies after acceptance and before registration.
- The Registrar may object that the application was accepted in error, or propose different conditions or limitations, and must say so in writing.
- Within thirty days from the date of the communication the applicant must amend or apply for a hearing.
- Otherwise the acceptance is deemed withdrawn and the application proceeds as if not accepted.
- A hearing is on at least fifteen days notice, unless the applicant consents to less.
- Check for amendments after 3 November 2025.
Read next
- Rules 38-40: advertisement in the GI Journal and notification of correction
- Rules 35-36: decision of the Registrar and correction and amendment of application
- Sections 12-13 of the GI Act: withdrawal of acceptance and advertisement 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.