Rules 41-42 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 41 sets out how anyone who objects to a geographical indication, or to an authorised user, gives notice of opposition: on Form GI-2, in triplicate, within three months of the Journal being made available to the public or, with an extension, within a total of four months. Rule 42 requires the notice to be verified, separating what the opponent knows personally from what he believes on information.
A notice of opposition is given on Form GI-2, in triplicate, within three months, or such further period not exceeding one month in the aggregate, from the date the Journal was made available to the public, and must state the grounds. A fee is payable for each class opposed. A request for the extra month must be made on Form GI-2 before the three months end. The notice must be verified, by reference to numbered paragraphs, as of the opponent's own knowledge or on information believed to be true (rule 42).
Rule 41(1): the notice, the form and the time
Rule 41(1) applies to a notice of opposition "to the registration of a geographical indication under sub-section (1) of section 14 or an authorised user under section 17(3)(e)". It must be:
- given in triplicate on Form GI-2;
- given "within three months or within such further period not exceeding one month in the aggregate" from the date when the Journal was made available to the public, which the Registrar certifies; and
- include "a statement of the grounds upon which the opponents objects to the registration".
The period runs from the date the Journal is made available to the public, not the date printed on it; the Registrar certifies that date. A person who wants to know it can apply on Form GI-7 under rule 40, discussed in our article on advertisement in the GI Journal. Section 14 of the Act, which allows "any person" to oppose, is covered in our article on section 14 of the GI Act.
Form GI-2 has three parts: A, the notice of opposition (section 14(1), 17(3)(e), rule 41(1)); B, the counterstatement; and C, the application for extension of time. The form heading for part A prints "17(3) (3)", a small slip for 17(3)(e). The form text asks the opponent to say that he gives notice of intention to oppose the geographical indication or authorised user advertised under a stated application number, in a stated class, in the Journal of a stated date, number and page, and to set out the grounds. It also asks for an address in India to which communications may be sent; our article on address for service explains why that matters for an opponent with no place of business in India.
Because the notice is a formal legal paper with a fixed time limit, many opponents use legal notice drafting support to get the grounds into numbered paragraphs.
Rule 41(2): fee for each class
Where a notice of opposition is filed in respect of a single application, "it shall bear the fee in respect of each class in relation to which the opposition is filed". Entry 2A of the First Schedule, as substituted in November 2025, provides Rs. 1000 for each class for a notice of opposition under section 14(1) or an opposition to an authorised user under section 17(3)(e), against Form GI-2. The fee must accompany the notice; a document with a short fee is deemed not filed under rule 10(5), as our article on rule 10 explains.
Rule 41(3) and (4): opposition to some classes only
Where a single application was made under section 11(3) for several classes, and the opposition is filed only for particular classes:
- under rule 41(3), "the application shall not proceed to registration until a request in Form GI-5 for division of the application together with the divisional fee is made by the applicant"; and
- under rule 41(4), where no notice of opposition is filed in respect of some classes, the application in respect of those classes "shall proceed to registration after the division of the application" in the classes where opposition is pending.
This protects the unopposed classes. The applicant must take the step of division on Form GI-5; the divisional fee is entry 5E of the First Schedule. The division procedure is covered in our article on the divisional application.
Rule 41(5): extension of the opposition period
An application for extension of the period within which a notice of opposition may be given under section 14(1) "shall be made on Form GI-2 accompanied by the prescribed fee before the expiry of the period of three months under sub-section (1) of section 14". The prescribed fee is entry 2C: Rs. 300 as per the First Schedule as substituted in November 2025, for an application for extension of time for filing notice of opposition. The extension cannot take the total beyond one month in the aggregate, so the outer limit is four months. The form instruction says the period required shall not exceed one month beyond the three months.
The request must be in before the three months run out. An extension request filed on the last day is in time; one filed the next day is not.
Rule 41(6): service on the applicant
A copy of the notice of opposition "shall be ordinarily served by the Registrar to the applicants within two months of the receipt of the same by the appropriate office". The applicant's two months for the counterstatement run from its receipt of that copy; see our article on counterstatement and evidence.
| Step | Rule | Form and fee | Period |
|---|---|---|---|
| Notice of opposition | 41(1) | Form GI-2 Part A, in triplicate; entry 2A: Rs. 1000 for each class | Three months, or up to four in aggregate, from the Journal being made available |
| Extension request | 41(5) | Form GI-2 Part C; entry 2C: Rs. 300 | Before the three months expire |
| Division where only some classes opposed | 41(3), (4) | Form GI-5; divisional fee | Before the application proceeds to registration |
| Service on applicant | 41(6) | Registrar | Ordinarily within two months of receipt |
Rule 42: verification
Rule 42 has three sub-rules:
- The notice of opposition "shall be verified by the opponent".
- The verification "shall specifically state by reference to the numbered paragraphs of the notice of opposition, what is verified of his own knowledge and what is verified upon information received and believed to be true".
- It "shall be signed by the person making it and shall state the date and the place at which it was signed".
A notice with unnumbered grounds cannot be verified properly because the verification works by reference to paragraph numbers. Draft the grounds in numbered paragraphs, split facts within personal knowledge from information received, and sign with date and place. The signing rules in our article on signing and service of documents also apply. Rule 66 and rule 65 apply rule 42 to rectification applications, as discussed in our article on rectification.
A worked example
Himalayan Saffron Traders, an invented firm, wishes to oppose an application advertised in a Journal made available to the public on 15 January. It files Form GI-2 Part A in triplicate, with the grounds in numbered paragraphs, and pays the entry 2A fee for the single class opposed. It verifies paragraphs 1 to 4 as of its own knowledge and paragraph 5 on information believed to be true, signs, and states the date and place. Needing more time, it also files Form GI-2 Part C with the entry 2C fee on 10 April, before the three months end on 15 April, asking for the extra month. All names are invented.
Need help with an opposition notice?
An opposition notice has a hard time limit, a fee for each class and a verification requirement. We prepare and review notices; see our legal notice drafting service to plan a notice before the period ends.
Key takeaways
- A notice of opposition is on Form GI-2, in triplicate, with the grounds, within three months (up to four in aggregate with an extension) of the Journal being made available to the public.
- The fee is for each class opposed (entry 2A: Rs. 1000 for each class, as per the First Schedule as substituted in November 2025).
- Where only some classes are opposed, the applicant must divide the application on Form GI-5 before it proceeds to registration.
- The extension request is on Form GI-2 before the three months end (entry 2C: Rs. 300).
- The notice must be verified by numbered paragraph, signed, dated and placed (rule 42).
- Check for amendments after 3 November 2025.
Read next
- Rules 43-44: counterstatement and evidence in support of opposition
- Rules 38-40: advertisement in the GI Journal
- Section 14 of the GI Act: opposition to 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.