Rules 89 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 89 to 91 deal with costs in proceedings before the Registrar of Geographical Indications. Rule 89 covers an opposition the applicant does not contest. Rule 90 makes some costs follow the event. Rule 91 sets the power to award costs and refers to the scale in the Fifth Schedule. A producer group worried about the cost exposure of a contested opposition often takes advice from a legal dispute resolution practitioner before it decides whether to defend.
If an opposition is not contested by the applicant, the Registrar asks whether the proceedings could have been avoided by reasonable notice from the opponent before the notice of opposition was filed. Costs of fees under certain First Schedule entries and of stamps on affidavits follow the event. In all proceedings the Registrar may award costs that are reasonable, not exceeding the amount admissible, using the Fifth Schedule scale.
Where costs fit
The Registrar awards costs under the powers in the Act; our article on sections 60 to 62 of the GI Act covers them. Rules 89 to 91 sit under the heading "Award of costs by Registrar", with rule 89 under the sub-heading "Costs in uncontested cases". Rule 89 carries no heading of its own in the printed text.
Rule 89: an opposition not contested
"Where any opposition duly instituted under the rules is not contested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether the proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was filed."
Reading it carefully:
- When: an opposition "duly instituted under the rules" that the applicant does not contest.
- Whose costs: the question is whether costs go to the opponent.
- The test: whether the proceedings "might have been avoided" if the opponent had given reasonable notice to the applicant before filing.
- Duty: the Registrar "shall consider" the point. It is a mandatory consideration, but the outcome is not fixed. The Registrar may still award or refuse costs.
The practical lesson for an opponent: a short letter to the applicant before filing, setting out the objection, may protect a later claim for costs if the applicant simply gives up. For the opposition procedure itself, see our article on section 14 of the GI Act.
Rule 90: the exception
"Notwithstanding anything in rule 89, costs in respect of fees specified under entries, 7, 8 and 9 of the First Schedule and of all stamps used on and affixed to affidavits used in the proceedings shall follow the event."
"Follow the event" means that the party who succeeds recovers these costs. Rule 90 covers two groups: fees under certain entries, and stamps on affidavits.
A drafting point to flag: the First Schedule as substituted in November 2025 does not have bare entries 7, 8 and 9. It has 7A to 7F, 8A to 8D and 9A to 9C. The rule has not been conformed, so read "entries 7, 8 and 9" as the entries so numbered in the Schedule, and check the current Schedule. Entry 7 is the head for certificates, affidavits, review and duplicate copies (Form GI-7), entry 8 is geographical indications agents (Form GI-8) and entry 9 is additional protection, leave to add or alter and extension of time (Form GI-9). We do not read more into the rule than its words.
Rule 91: scale of costs
"Subject to the provisions of rules 89 and 90, in all proceedings before the Registrar the Registrar may, save as otherwise expressly provided by the Act, award such costs, not exceeding the amount admissible therefor, as he considers reasonable having regard to all the circumstances of the case."
Three limits shape the power:
- "May". Costs are discretionary.
- "Not exceeding the amount admissible". The Fifth Schedule supplies the ceilings.
- "All the circumstances". The Registrar weighs the case as a whole.
The Fifth Schedule: scale of costs as notified in 2002
The Fifth Schedule is headed "Scale of costs allowable in Rule 91 proceedings before the Registrar". It was not amended in 2020 or 2025. The amounts below are as notified in 2002.
| Entry | Matter in respect of which costs are to be awarded | Amount (as notified in 2002) |
|---|---|---|
| 1 | One day's hearing involving examination of witnesses | Rs. 1,000 |
| 2 | One day's hearing when there is no examination of witnesses | Rs. 500 |
| 3 | Adjournment of hearing granted on the petition of any party | Rs. 500 plus the cost of resummoning the other party's witnesses who were due to be examined on the day |
| 4 | Striking out scandalous matter from an affidavit | Rs. 200 |
| 5 | Attendance of witnesses: subsistence allowance and travelling allowance | Rs. 500 (see note), with rail or steamer second class fare each way, and if there is no rail or steamer communication Rs. 5 or Rs. 2.50 per km depending on the rank and status of the witness |
The note says that the rates of subsistence allowance and travelling allowance for witnesses "shall vary according to the status of the witness subject to the maximum prescribed above". Entry 5 as printed is garbled: the Rs. 500 appears against travelling allowance, while subsistence allowance is shown with dots and no amount. We report it as printed and do not fill the gap.
These amounts are ceilings, in line with rule 91's "not exceeding the amount admissible". The Registrar sets the figure within them according to the circumstances.
How the three rules combine
| Question | Rule | Answer |
|---|---|---|
| Opposition not contested: costs to opponent? | 89 | Registrar considers whether reasonable notice would have avoided the proceedings |
| Fees under entries 7, 8, 9 and affidavit stamps | 90 | Follow the event |
| Costs generally | 91 | Reasonable, within the Fifth Schedule scale |
An example
Pushkar Camel Wool Producers oppose an application for a geographical indication that overlaps their area. The applicant does not contest. Under rule 89, the Registrar asks whether a letter from Pushkar before filing might have ended the matter; Pushkar had sent none. The Registrar may weigh that against awarding costs. Had the matter been contested over two hearing days with witnesses, rule 91 would let the Registrar award up to the Fifth Schedule amount for each day of hearing involving witnesses, and the affidavit stamps and entry 7 fees would follow the event under rule 90.
What the rules do not say
- They do not set a time for claiming costs.
- They do not provide for enforcement of an award.
- The Fifth Schedule amounts were set in 2002 and the later amendments did not change them.
Amendments made after November 2025 should be checked before acting.
Need help with costs in an opposition?
Costs can shift the economics of a GI dispute, particularly for small producer groups. Our legal dispute resolution team can advise on the risk of costs before you file or defend, and prepare the pre-filing notice that rule 89 rewards.
Key takeaways
- Rule 89: in an uncontested opposition, the Registrar considers whether reasonable notice from the opponent would have avoided the proceedings.
- Rule 90: costs of fees under entries 7, 8 and 9 and of affidavit stamps follow the event.
- Rule 91: costs are discretionary, reasonable and within the Fifth Schedule.
- Fifth Schedule amounts, as notified in 2002, run from Rs. 200 for striking out scandalous matter to Rs. 1,000 for a witness hearing day.
- Rule 90 uses entry numbers (7, 8, 9) that the November 2025 Schedule has split into lettered entries.
- Entry 5 of the Fifth Schedule is garbled in the printed text.
Read next
- Rule 92: review of the Registrar's decision
- Rules 86 to 88: correction of irregularity, directions and hearings
- Sections 60 to 62 of the GI Act: powers of Registrar and evidence
- 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.