Rules 38-40 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.
Rules 38 to 40 explain how an accepted application becomes public. Rule 38 says the application is ordinarily advertised in the Geographical Indications Journal within three months of acceptance. Rule 39 lets the Registrar insert a correction notice in the Journal instead of advertising again. Rule 40 lets any person ask, on Form GI-7, for the Journal number, date and page in which an indication was advertised.
An application required or permitted to be advertised under section 13 is ordinarily advertised in the Journal within three months of acceptance. Where only a correction or amendment is involved, the Registrar may instead publish a notification giving the application number, class, applicant's address, the Journal number of the earlier advertisement and the correction made. Any person may ask on Form GI-7 for the number, date and page of the advertisement. The Journal's advertisement starts the opposition clock under rule 41.
Rule 38(1): advertisement within three months
Rule 38(1) says that an application for registration "required or permitted to be advertised by sub-section (1) of section 13 or to be re-advertised by sub-clause (2) of that section shall be ordinarily advertised in the Journal within three months of the acceptance of an application for advertisement". The "Journal" is the Geographical Indications Journal, defined in rule 2(1)(m), and to "publish" under rule 2(1)(q) means to publish in that Journal. Section 13 is covered in our article on sections 12 and 13 of the GI Act.
The word "ordinarily" means three months is the usual period and not a fixed deadline on the Registrar. The rule refers to re-advertisement "by sub-clause (2)" of section 13, wording that appears to mean sub-section (2); the sense is clear.
Advertisement matters because it opens the door to opposition. Any person may oppose within the period in rule 41, counted from the date the Journal was made available to the public. See our article on notice of opposition. Anyone planning a geographical indication registration should therefore expect a public stage after acceptance.
The GI Registry's Manual of Practice and Procedure (2011), which is guidance without the force of law, says the Journal is published and made available ordinarily in the first week of every month through the official website, and that a published application shows details such as the name of the indication with its logo, the application number, the applicant, the list of the association of persons or producers, the type of goods and class, and the statement of case. That describes 2011 practice; check the current Journal.
Rule 38(2) and (3): the Journal on the internet and on CD-ROM
Rule 38(2) allows the Registrar, "after notification in the Journal", to put the published Journal on the internet, a website or any other electronic media. Rule 38(3) allows him, again after notification in the Journal, to make the Journal available in CD-ROM "on payment of the cost thereof". The Rules do not give a website address or a price. The manual of 2011 mentions a CD-ROM charge, but the figure is dated, and the Rules say only "the cost thereof".
Rule 39: notification of correction or amendment
Rule 39 deals with "an application to which Para (b) of sub-section (2) of section 13 applies". In such a case, the Registrar may, if he so decides, "instead of causing the application to be advertised again, insert in the Journal a notification" setting out:
- the number of the application;
- the class in which it was made;
- the name and address of the principal place of business in India, if any, of the applicant, or, where the applicant has none, his address for service in India;
- the number of the Journal in which it was advertised; and
- the correction or amendment made in the application.
The point of the rule is economy and speed: a correction need not mean a full second advertisement and a fresh opposition period if a notification serves. It is the Registrar's decision ("if he so decides"). Applicants should not assume which route will be taken. The principal place of business and address for service referred to here are explained in our articles on rules 3 to 6 and on address for service.
Rule 40: request for particulars of advertisement on Form GI-7
Rule 40 says that "any person may request the Registrar on Form GI-7 to be informed of the number, date and page of the Journal in which a geographical indication specified in the form was advertised and the Registrar shall furnish such particulars to the person making the request".
This is useful to an opponent or a third party who needs to compute the opposition period, or to anyone who needs to prove the date of advertisement. The fee is entry 7E of the First Schedule: "On request to Registrar for particulars of advertisement of a geographical indication", Rs. 100, Form GI-7, as per the First Schedule as substituted in November 2025.
| Rule | Subject | Key points |
|---|---|---|
| 38(1) | Advertisement | Ordinarily within three months of acceptance; section 13(1) and re-advertisement |
| 38(2) | Journal on internet | After notification in the Journal |
| 38(3) | Journal on CD-ROM | After notification; on payment of the cost |
| 39 | Correction or amendment | Notification in the Journal instead of re-advertisement; five particulars |
| 40 | Request for particulars | Form GI-7; entry 7E; Rs. 100 as per the First Schedule substituted in November 2025 |
How advertisement links to the rest of the process
- Before: acceptance after examination and any hearing (rules 33 to 35).
- Rule 37 can still reopen acceptance until registration; see our article on withdrawal of acceptance.
- After: opposition (rules 41 to 51), then registration under rule 53.
A worked example
Nagaland Naga Chilli Growers' Union, an invented body, has its application accepted on 4 March. The Registrar advertises it in the Journal on 28 May, within three months, and makes the Journal available to the public that day. A trader wants to know when the three-month opposition period ends and files Form GI-7 with the entry 7E fee. The Registrar tells the trader the Journal number, date and page. Later the union corrects a spelling in its address; the Registrar decides to insert a notification in the Journal under rule 39, stating the application number, class, address, the earlier Journal number and the correction, instead of re-advertising. All names are invented.
Need help watching the Journal?
Missing an advertisement can mean missing the chance to oppose, and an applicant should track its own advertisement date closely. We assist applicants and opponents with filings around the Journal; see our GI registration service for how applications and the steps after advertisement are handled.
Key takeaways
- Accepted applications are ordinarily advertised in the Journal within three months of acceptance (rule 38(1)).
- The Journal may be put online or on CD-ROM after notification in the Journal (rule 38(2) and (3)).
- A correction can be notified in the Journal instead of re-advertising (rule 39).
- Any person may ask on Form GI-7 for the number, date and page of the advertisement; entry 7E is Rs. 100 as per the First Schedule as substituted in November 2025.
- Advertisement opens the opposition period.
- Check for amendments after 3 November 2025.
Read next
- Rules 41-42: notice of opposition and verification
- Rule 37: withdrawal of acceptance by the Registrar
- 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.