Rules 74 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.
Chapter VI of the Rules (rules 74 to 76) deals with the Registrar of Trade Marks, not the Registrar of Geographical Indications. It sets how a trade mark application is refused, or a registered trade mark invalidated, because of section 25 of the Geographical Indications Act, and what is published afterwards.
Under section 25(a), a trade mark containing a geographical indication that does not originate in the place it names, and is likely to mislead, can be refused or invalidated. Under section 25(b), the same applies to a trade mark that conflicts with a geographical indication notified for additional protection under section 22(2). The Registrar of Trade Marks may act on his own motion (written notice with reasons, then a hearing) or on a request in the prescribed form under the Trade Marks Rules. The refusal or invalidation is recorded and published, with a copy sent to the Registrar of Geographical Indications.
The Act behind the chapter
Section 25 of the GI Act stops the registration of a geographical indication as a trade mark in the two situations above. Our article on section 25 of the GI Act explains the section, and our article on section 26 explains the protection given to certain existing marks and prior users. Rules 74 and 75 provide the procedure; rule 76 the publication.
A note on the Trade Marks Rules, 2002
Rules 74(2) and 75(2) send requests to "the prescribed form under the Trade Marks Rules, 2002", and say that "the procedure set out in Rule 93 of the Trade Marks Rules, 2002" applies to invalidation. Those Trade Marks Rules were superseded by the Trade Marks Rules, 2017. The GI Rules were not amended to change this reference, so read it as pointing to the current Trade Marks Rules. Our article on rule 106 of the Trade Marks Rules, 2017 deals with refusal of registration conflicting with a geographical indication, and our article on rules 97 and 98 covers rectification of the trade mark register. We do not say here which 2017 rule replaced rule 93.
If a brand owner or a producer group faces a conflict of this kind, legal consultation on the interplay of the two Acts is usually the first step.
Rule 74: section 25(a) cases
Rule 74 applies to a mark that "contains or consists of a geographical indication not originating in the territory of a country, or a region, or locality in that territory which such geographical indication indicates, which is likely to cause confusion or mislead persons as to the true place of origin of such goods or class or classes of goods".
Own motion (rule 74(1)). "Where the Registrar of Trade Marks on his own motion decides to refuse the registration of a trade mark or invalidate a registered trade mark ... he shall in writing notify the applicants or the registered proprietor of the trade mark, as the case may be, stating the reason for the same." After that, "the Registrar shall decide the matter after giving the applicant or the registered proprietor ... an opportunity of being heard."
On request (rule 74(2)). A request "shall be made in the prescribed form under the Trade Marks Rules, 2002". For refusal, the Registrar of Trade Marks forwards the request to the applicant and gives an opportunity of being heard. For invalidation, he forwards it to the registered proprietor, and the procedure set out in rule 93 of the Trade Marks Rules, 2002 "shall apply mutatis mutandis to further proceedings".
Rule 75: section 25(b) cases
Rule 75 follows the same pattern for a trade mark that "conflict with or which contains or consists of a geographical indication identifying goods or class or classes of goods notified under sub-section (2) of section 22". These are the goods for which additional protection exists; we explain the application for such protection in our article on rules 77 to 79.
Rule 75(1) deals with the Registrar acting on his own motion: written notice with reasons, then a hearing. Rule 75(2) deals with a request in the prescribed form under the Trade Marks Rules, with forwarding and hearing for refusal, and forwarding to the registered proprietor for invalidation.
A drafting point: rules 74 and 75 speak of "sub-section (a)" and "sub-section (b)" of section 25. They are clauses of section 25, not sub-sections. We read them as clauses (a) and (b) and flag the wording.
Side-by-side
| Point | Rule 74 | Rule 75 |
|---|---|---|
| Section | 25(a) | 25(b) |
| Mark attacked | Contains or consists of a GI not originating in the place it names; likely to confuse or mislead as to true origin | Conflicts with, or contains or consists of, a GI for goods notified under section 22(2) |
| Own motion | Written notice with reasons, then hearing | Written notice with reasons, then hearing |
| On request | Prescribed form under the Trade Marks Rules; refusal: forwarded to applicant, hearing; invalidation: forwarded to registered proprietor and old rule 93 procedure | Same |
| Who decides | Registrar of Trade Marks | Registrar of Trade Marks |
Rule 76: record and publish
Rule 76(1): "The Registrar of Trade Marks shall record and publish a reference to the refusal or the invalidation of the registration of a trade mark pursuant to section 25 ... and forwarded a copy of the publication to the Registrar of Geographical Indications." Note "forwarded" is printed instead of "forward".
Rule 76(2) lists what the publication includes:
- the representation of the mark;
- the application or registration number of the trade mark;
- the name and address of the applicant or registered proprietor;
- the date of application, or date of registration for a registered mark;
- the list of goods or class of goods for which the mark was applied for or registered; and
- a summary of the ground on which the application was refused or the registration invalidated.
Who is affected
- Brand owners and exporters who use a place name in a trade mark for goods that do not come from that place.
- Producer associations that hold a registered geographical indication and want a conflicting mark removed.
- Trade mark agents handling a refusal or an invalidation.
The Rules do not set periods for the request, the notice or the hearing. The text is silent on them. The Trade Marks Rules govern the form of the request.
An example
Sahyadri Spice Traders file a trade mark application for "Malabar Gold" cardamom, though their cardamom is grown elsewhere. The Registrar of Trade Marks, acting on his own motion, writes to them with his reasons under section 25(a), then hears them before deciding. If he refuses, he records and publishes the refusal with the details in rule 76(2) and sends a copy to the Registrar of Geographical Indications. If instead a registered Malabar producers' society makes a request in the prescribed form, the request is forwarded to the applicant and the applicant is heard.
Amendments made after November 2025 should be checked before acting.
Need help with a GI and trade mark conflict?
A conflict between a trade mark and a geographical indication can be raised on either side of the register. Our legal consultation team can review the mark, the indication and the section 25 ground, and tell you which forum and form to use.
Key takeaways
- Rules 74 and 75 are operated by the Registrar of Trade Marks, not the Registrar of Geographical Indications.
- Rule 74 serves section 25(a); rule 75 serves section 25(b) for goods notified under section 22(2).
- On his own motion, the Registrar gives written notice with reasons and a hearing.
- On a request, the prescribed form under the Trade Marks Rules is used; the 2002 Rules mentioned have been superseded by the 2017 Rules.
- Rule 76 requires the refusal or invalidation to be recorded, published and copied to the Registrar of Geographical Indications.
- The publication carries six listed particulars.
Read next
- Rules 77 to 79: additional protection for notified goods
- Rules 80 and 81: hearing, decision and entry in the register
- Section 25 of the GI Act: prohibition of registration as a trade mark
- GI and trade mark: key differences and overlaps
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.