Rules 77 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 VII of the Rules (rules 77 to 81) governs the extra protection that section 22(2) of the Act allows for certain goods notified by the Central Government. Rules 77 to 79 cover the application, who must make it and what the Registrar examines. Rules 80 and 81 cover the hearing, decision and register entry.
For goods notified under section 22(2), the registered proprietor and all authorised users in Part B apply jointly on Form GI-9, in triplicate, with the prescribed fee, a statement of case in triplicate and a copy of the notification. The Registrar examines whether there are measurable attributes that, given the reputation of the goods on a global scale, call for protection even where the true origin is stated or the indication is translated or used with words such as "kind", "type" or "style".
What section 22(2) adds
Ordinary infringement protection under section 22 is explained in our article on section 22 of the GI Act. Section 22(2) provides additional protection for goods the Central Government notifies. The rules in this chapter provide the procedure. Our article on rules 80 and 81 covers what follows once the Registrar has considered the application. The rules that a trade mark owner meets when a mark clashes with a notified indication are in our article on rules 74 to 76.
A producers' group planning such an application usually takes advice from a geographical indication registration specialist, because the joint signature requirement in rule 78 means the whole producer base has to move together.
Rule 77: the application
"An application may be made to the Registrar in respect of goods notified by the Central Government under sub-section (2) of section 22 for additional protection for a registered geographical indications in Form GI-9 accompanied by prescribed fee in triplicate along with a Statement of Case. Such case shall be furnished in triplicate and shall be accompanied with the copy of the notification issued."
Points to draw out:
- Only registered indications. The application is for "a registered geographical indications". An unregistered indication cannot use it.
- Only notified goods. The goods must have been notified by the Central Government under section 22(2). The applicant files a copy of the notification.
- Form and copies. Form GI-9, Part A ("application for additional protection for certain goods", section 22(2), rule 77), in triplicate. The statement of case is also in triplicate.
- Fee. Entry 9A of the First Schedule as substituted in November 2025: Rs. 12,000, "on application to Registrar for additional protection to certain goods". The 2025 Schedule lowered this entry from the 2002 amount; the old figure printed on the form no longer applies.
The rules do not describe what the statement of case for this purpose must contain, beyond saying it accompanies the application. The text is silent on its contents. Compare the statement of case for registration under rule 32(1), the subject of our practice guide on drafting a statement of case.
Rule 78: a joint application
"The application shall be made jointly by the registered proprietor of the geographical indication in India and by all the producers of the geographical indication whose name has been entered in the register as authorised user in Part B."
This is a demanding requirement. The registered proprietor, and all the producers entered in Part B as authorised users, must join. An association whose members are mostly registered as authorised users therefore needs every one of them to sign. Part B of the register is explained in our article on Part A and Part B of the register. The rule does not say what happens if a Part B user refuses to join or cannot be found; it is silent on that.
Rule 78 carries no heading in the printed text (it is one of the unheaded rules).
Rule 79: what the Registrar examines
On receipt, the Registrar "shall examine whether there are measurable attributes to the particular geographical indication in relation to the goods or classes of goods in question with special regard to the reputation of the goods or classes of goods on a global scale". The purpose is to decide whether the additional protection "requires" to be conferred "against usurpation or imitation of the geographical indication" in three situations:
- even where the true origin of the goods is indicated;
- where the registered geographical indication is used in translated form; or
- where it is accompanied by terms such as "kind", "type", "style", "imitation" or other like expressions.
| Test in rule 79 | What the applicant should be ready to show |
|---|---|
| Measurable attributes | Objective, checkable qualities of the goods linked to the indication |
| Reputation on a global scale | Evidence that the goods are known beyond India |
| Need for protection beyond origin statements | Examples of imitation, translation or "style" use |
The rule does not define "measurable attributes" or "global scale", and it sets no numerical threshold. The Registrar judges them on the facts.
Who is affected
- Registered proprietors of indications for notified goods.
- Authorised users in Part B, all of whom must join the application.
- Exporters and traders using the indication in translated form or with "style" or "type" phrases, who could lose that use if protection is granted.
An example
The Khadi Weavers' Association of Sundarpur holds a registered geographical indication for a hand-spun cloth, and its goods are the subject of a notification under section 22(2). Forty-two producers are entered in Part B. The Association prepares Form GI-9 Part A, the statement of case (in triplicate) and a copy of the notification, pays the entry 9A amount, and obtains the signature of the Association and all forty-two authorised users. In its statement it explains the thread count and finish that are measurable and gives export evidence to show the reputation of the cloth abroad, and cases of "Sundarpur-style" labels used by others.
Silences and slips to note
- No period for the Registrar's examination is set.
- No form for the notification is described.
- Entry 6B of the First Schedule cites "rule 80(4)", but rule 80 has only two sub-rules; see our article on rules 80 and 81.
Amendments made after November 2025 should be checked before acting.
Need help with additional protection?
Preparing a joint application for notified goods means gathering signatures, a statement of case and evidence of reputation. Our geographical indication registration team can organise the documents and prepare Form GI-9 for your association.
Key takeaways
- Additional protection is for registered indications for goods notified under section 22(2).
- Apply on Form GI-9 Part A in triplicate with a statement of case in triplicate and a copy of the notification.
- Entry 9A is Rs. 12,000 as per the First Schedule as substituted in November 2025.
- The registered proprietor and all authorised users in Part B must apply jointly.
- The Registrar examines measurable attributes and global reputation.
- The protection reaches use with true origin stated, translations and "kind", "type" or "style" wording.
Read next
- Rules 80 and 81: hearing, decision and entry in the register
- Rules 74 to 76: trade marks conflicting with a geographical indication
- Section 22 of the GI Act: infringement of registered geographical indications
- Authorised user rights under GI 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.