Sections 12 and 13 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.
Once the Registrar accepts a geographical indication application, two things can happen next: it is advertised so that the public can oppose it (section 13), or, in limited cases, the Registrar may take back his acceptance before registration (section 12). Section 13 is the gateway to the opposition period explained in the next article. Understanding it helps a geographical indication registration applicant plan the timeline, because the advertisement starts the clock for objections.
After acceptance, whether absolute or conditional, the Registrar shall, as soon as may be, advertise the application with any conditions or limitations, in the prescribed manner. If the application is corrected or amended after advertisement, he may re-advertise it or notify the correction in the prescribed manner. Before registration, the Registrar may withdraw acceptance if satisfied that it was accepted in error or that the indication should not be registered, or only on different conditions, after hearing the applicant if he so desires.
Section 12: withdrawal of acceptance
"Where, after the acceptance of an application for registration of a geographical indication but before its registration, the Registrar is satisfied,— (a) that the application has been accepted in error, or (b) that in the circumstances of the case the geographical indication should not be registered or should be registered subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted, the Registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if the application had not been accepted."
| Element | Text |
|---|---|
| Window | After acceptance but before registration |
| Ground (a) | Accepted in error |
| Ground (b) | In the circumstances, the indication should not be registered, or should be registered on conditions or limitations, or on additional or different ones |
| Procedure | "after hearing the applicant if he so desires" |
| Effect | Registrar withdraws acceptance and proceeds "as if the application had not been accepted" |
Four points deserve attention.
- It is a power, not a duty. The Registrar "may" withdraw.
- It applies only in the window between acceptance and registration. Once registered, the correction route is different (see sections 16(4), 27 and 28).
- The applicant has a right to be heard if he so desires. The section requires a hearing "if he so desires"; the applicant must therefore be given the chance.
- Ground (b) is wide. It covers both outright refusal on reflection and the imposition of tighter or different conditions than first set.
The text does not say whether the application must already have been advertised, so the power appears to apply to accepted applications generally, advertised or not. It also does not say how the applicant is told or by when he must ask for a hearing.
Example. The Registrar accepts the Riverbend Tea Growers' application. Before registration, an officer notices that part of the mapped area lies outside the territory the evidence supports. The Registrar may, after hearing the Society if it wishes, withdraw acceptance and proceed as if the application had not been accepted, so the application goes back to examination under section 11.
Section 13(1): advertisement after acceptance
"When an application for registration of a geographical indication has been accepted, whether absolutely or subject to conditions or limitations, the Registrar shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or limitations, if any, subject to which it has been accepted, to be advertised in such manner as may be prescribed."
Notice what is advertised: the application as accepted, together with any conditions or limitations. A person reading the advertisement therefore sees the scope the Registrar is willing to accept. The manner of advertisement is "as may be prescribed"; the text does not name a journal or a website.
The word "shall" makes advertisement mandatory. The only qualification is "as soon as may be after acceptance". The three-month opposition period under section 14(1) runs from "the date of advertisement or readvertisement".
Section 13(2): correction or amendment after advertisement
"Where after advertisement of an application— (a) an error in the application has been corrected; or (b) the application has been permitted to be amended under section 15, the Registrar may in his discretion cause the application to be advertised again or instead of causing the application to be advertised again, notify in the prescribed manner, the correction made in the application."
So there are two triggers (correction of an error; an amendment permitted under section 15) and two choices for the Registrar (advertise again, or notify the correction in the prescribed manner). The choice is "in his discretion". The text gives no test for choosing between them; a reasonable reading is that a material change is more likely to need re-advertisement, but the Act does not say so, and this article does not claim it does. See Section 15 for the power to correct or amend.
How the sections fit the timeline
| Stage | Section | What happens |
|---|---|---|
| Filing and examination | 11 | Registrar accepts (absolutely or conditionally) or refuses |
| Possible withdrawal | 12 | Before registration, acceptance may be withdrawn on the grounds listed |
| Advertisement | 13(1) | Application as accepted is advertised |
| Correction or amendment | 13(2) | Re-advertisement or notification of the correction |
| Opposition | 14 | Three months from advertisement or re-advertisement, extendable by up to one month in aggregate |
| Registration | 16 | If unopposed and time expired, or opposition decided for the applicant |
For the overview of the full sequence, see GI registration process: application to certificate. The opposition stage is explained in Section 14.
What the sections do not say
- They do not specify where or how the advertisement appears, beyond "in such manner as may be prescribed".
- They do not give a time limit for the Registrar to advertise, beyond "as soon as may be".
- They do not say how long the applicant has to ask for a hearing under section 12.
- They do not mention fees.
Need help after acceptance?
If your application has been accepted and advertised, the opposition window is already running. Our team can help you prepare for any opposition or conditions as part of a geographical indication registration.
Key takeaways
- After acceptance, absolute or conditional, the Registrar must advertise the application with its conditions (section 13(1)).
- After a correction or permitted amendment, he may re-advertise or notify the correction (section 13(2)).
- Before registration, he may withdraw acceptance if it was in error or the indication should not be registered, or only on different conditions (section 12).
- The applicant is heard before withdrawal if he so desires.
- The opposition period runs from advertisement or re-advertisement.
Read next
- Section 14: opposition to registration
- Section 11: application for registration
- Section 15: correction and amendment of application
- GI registration process: application to certificate
Disclaimer: Based on the Geographical Indications of Goods (Registration and Protection) Act, 1999 read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the rules made under the Act. This article is general information, not legal advice; check the official text before acting.