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Rules 54-55 of the Geographical Indications of Goods (Registration and Protection) Rules, 2002: death of applicant and certificate of registration

If an applicant dies after applying and before the indication is entered in the Register, the Registrar may, on proof of death and of the transmission of the interest, substitute...

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GI Registration
Published
October 2, 2026
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Last updated: October 2026Verified against: Government sources

Rule 54 lets the Registrar substitute a deceased applicant's successor in interest before the indication is entered in the Register. Rule 55 prescribes the certificate of registration on Form O-2 with the indication annexed, allows a duplicate on Form GI-7, and says the certificate cannot be used in legal proceedings or to obtain registration abroad.

Rule 54: death of an applicant before registration

Rule 54 says: "In case of death of any applicant for the registration of a geographical indication after the date of his application and before the geographical indication has been entered in the register, the Registrar may, on proof of the applicant's death and on proof of the transmission of the interest of the deceased person, substitute in the application his successor in interest in place of the name of such deceased applicant and the application may proceed thereafter as so amended."

Two proofs are needed: proof of the death, and proof that the interest has passed to the person to be substituted. The power is discretionary ("may"). The Act-level provision on death of a party is section 64, covered in our article on sections 63 to 65 of the GI Act.

In practice this rule matters mostly where an individual producer, a sole proprietor or a partner filed the application. For a society or company, the applicant continues to exist, and a GI registration filed in such a name is not usually affected by an individual's death. The rule says nothing about how long the substitution takes or what form the request is on; the text is silent. A written request with documents showing the transmission, such as a succession certificate or a deed, is the natural route, but the rule does not prescribe documents.

Rule 55(1): certificate on Form O-2

"The certificate of registration of a geographical indication or an authorised user to be issued by the Registrar under sub-section (2) of section 16 shall be on Form-O2, with such modification as the circumstances of a case may require, and the Registrar shall annex a copy of the geographical indication or authorised user to the certificate."

Form O-2, in the Third Schedule, is headed "Certificate of registration of geographical indication under Section 16(1) or of unauthorised user under section 17(3)(e)". The word "unauthorised" is a slip for "authorised"; the form refers to authorised user numbers in its body. The form carries the indication number, the authorised user number, the date, and a statement that the indication (a representation of which is annexed) or authorised user "has been registered in the register in the name of" a stated person in a stated class, under a stated number, as of a stated date, in respect of stated goods, sealed at the Registrar's direction. It also states that registration is for 10 years from the stated date and may then be renewed for periods of 10 years, and that the certificate "is not for use in legal proceedings or for obtaining registration abroad".

The Act-level provision is section 16(2), covered in our article on section 16 of the GI Act. The 10-year term and renewal are explained in our article on renewal of registration.

For authorised users, the 2020 Amendment Rules changed how the certificate follows registration: rule 59(1) now provides that the Registrar enters the authorised user in Part B and issues a registration certificate with the seal of the Registry. See our article on registration of the authorised user and entry in Part B.

Rule 55(2): duplicate or further copies

"The Registrar may issue a duplicate or further copies of the certificate of registration of a geographical indication on request by the registered proprietor on Form GI-7 accompanied by the prescribed fee. An unmounted representation of the geographical indication exactly as shown in the form of application for registration thereof at the time of registration shall accompany such request."

Points to note:

  • Who asks. The registered proprietor.
  • Form. Form GI-7.
  • Fee. Entry 7F of the First Schedule as substituted in November 2025: for a duplicate or further copy of a certificate, Rs. 200 in the case of a GI application and Rs. 40 in the case of an authorised user application, against Form GI-7.
  • The unmounted representation. It must accompany the request, "exactly as shown" in the application at the time of registration. The 2020 Amendment Rules omitted the same requirement from rule 59(3) for authorised users, but rule 55(2) has not been amended, so for a geographical indication the requirement still reads as printed. This inconsistency is worth knowing: a proprietor requesting a duplicate certificate for the indication should include the unmounted representation.
  • Discretion. The Registrar "may" issue.

The unmounted representation links back to the rules on representations and durable mounting; see our article on representations.

Rule 55(3): what the certificate cannot be used for

"The certificate of registration referred to in sub-rule (1) shall not be used in legal proceedings or for obtaining registration abroad." For those purposes, the Rules provide other documents: a certified copy of an entry in the Register or a certificate for use abroad. The GI Registry's Manual of Practice and Procedure (2011), which is guidance without the force of law, says that for such purposes a certified copy of the entry in the Register is required, and describes the certificate for use in obtaining registration abroad. The provisions on certificates and certified copies are discussed in our article on inspection, certified copies and the certificate for registration abroad.

ProvisionRuleFormKey point
Death of applicant54None statedRegistrar may substitute successor on proof of death and transmission
Certificate55(1)Form O-2Copy of indication annexed; sealed
Duplicate55(2)Form GI-7; entry 7F: Rs. 200 (GI application), Rs. 40 (authorised user application)Unmounted representation to accompany request
Limit on use55(3)--Not for legal proceedings or registration abroad

A worked example

Ramesh Kumar Nair, an invented sole proprietor, applied to register a name for his family's hand-pounded rice and died before the entry was made. His son files proof of death and a deed showing the transmission of the interest. Under rule 54 the Registrar may substitute the son and the application proceeds as amended. After registration the certificate on Form O-2 is issued with the indication annexed. Some years later the certificate is damaged, and the son as registered proprietor requests a duplicate on Form GI-7 with the entry 7F fee and an unmounted representation of the indication. He cannot use the certificate itself in a court case or to register abroad. All names are invented.

Need help after registration?

A certificate is only one document in a GI's life; the proprietor needs duplicates, certified copies and renewals at the right time. Our team can help; see our GI registration service and discuss your file.

Key takeaways

  • On an applicant's death before entry in the Register, the Registrar may substitute the successor in interest on proof of death and transmission (rule 54).
  • The certificate is on Form O-2 with a copy of the indication annexed (rule 55(1)).
  • A duplicate is requested by the registered proprietor on Form GI-7 (entry 7F: Rs. 200 for a GI application; Rs. 40 for an authorised user application, as per the First Schedule as substituted in November 2025).
  • The unmounted representation requirement in rule 55(2) is still in the text; the 2020 amendment omitted it only from rule 59(3).
  • The certificate is not for legal proceedings or registration abroad (rule 55(3)).
  • Check for amendments after 3 November 2025.

Read next

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.

Quick recapKey facts & short answers

Key Facts About Rules 54-55

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

What happens if the applicant dies before registration?

On proof of death and of transmission of the interest, the Registrar may substitute the successor and the application proceeds (rule 54).

Which form is the certificate on?

Form O-2, with a copy of the indication annexed (rule 55(1)).

Keep the acknowledgement. A filing you cannot prove is a filing you may have to defend.

— TaxClue Compliance Desk

Rules 54-55: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

On proof of death and of transmission of the interest, the Registrar may substitute the successor and the application proceeds (rule 54).

Form O-2, with a copy of the indication annexed (rule 55(1)).

By a request from the registered proprietor on Form GI-7 with the prescribed fee and an unmounted representation of the indication (rule 55(2)).

Entry 7F shows Rs. 200 for a GI application and Rs. 40 for an authorised user application, as per the First Schedule as substituted in November 2025.

No. Rule 55(3) says it shall not be used in legal proceedings or for obtaining registration abroad.

Form O-2 states ten years from the date of registration, renewable for periods of ten years.