Section 16 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.
Section 16 is the moment of registration. It says when the Registrar registers an accepted application (unopposed, or opposition decided for the applicant), that registration relates back to the date of the application, a sealed certificate is issued, an application can be treated as abandoned if the applicant's default holds it up for twelve months, and the Registrar may fix clerical errors. If you want to understand what you receive at the end of a geographical indication registration, this is the section.
Once an application has been accepted and either no opposition was filed and the time for it has expired or the opposition was decided in the applicant's favour, the Registrar shall register the indication and the authorised users named in the application, unless the Central Government otherwise directs. They are registered as of the date of the application, and that date is deemed the date of registration, subject to section 84. A sealed certificate issues. If registration is not completed within twelve months of the application by the applicant's default, the Registrar may treat the application as abandoned.
Sub-section (1): when and as of what date
"Subject to the provisions of section 12, when an application for registration of a geographical indication has been accepted and either— (a) the application has not been opposed and the time for notice of opposition has expired; or (b) the application has been opposed and the opposition has been decided in favour of the applicant, the Registrar shall, unless the Central Government otherwise directs, register the said geographical indication and the authorised users, if any, mentioned in the application and the geographical indication and the authorised users when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 84, be deemed to be the date of registration."
| Element | Text |
|---|---|
| Starting point | Application accepted |
| Path (a) | Not opposed and the time for notice of opposition has expired |
| Path (b) | Opposed and the opposition decided in favour of the applicant |
| Duty | The Registrar "shall" register |
| Exception | "unless the Central Government otherwise directs" |
| Overriding provision | "Subject to the provisions of section 12": the Registrar may still withdraw acceptance before registration |
| Who is registered | The indication, and the authorised users "if any, mentioned in the application" |
| Date | "as of the date of the making of the said application", deemed the date of registration, subject to section 84 |
Three features are worth understanding.
- Relation back. The registration date is the application date, not the day of the Registrar's act. This matters for the ten-year term in section 18(1), since the registration is for ten years and its date is the application date. Section 84 is the carve-out for convention country applications and is explained in a later article.
- Government direction. The words "unless the Central Government otherwise directs" give the Government a power to stop registration in an otherwise ripe case. The text does not say when or how it is exercised, and gives no criteria.
- Authorised users named in the application. Section 11(2)(e) lets an application include "particulars of the producers ... proposed to be initially registered". Section 16(1) is what completes that: those users are registered with the indication, in Part B under section 7.
Sub-section (2): the certificate
"On the registration of a geographical indication, the Registrar shall issue each to the applicant and the authorised users, if registered with the geographical indication, a certificate in such form as may be prescribed of the registration thereof, sealed with the seal of the Geographical Indications Registry."
So the applicant and each registered authorised user receives a certificate. The form is prescribed, and the certificate is sealed with the Registry's seal (section 5(4)). Under section 23(1), a certificate that is a copy of the entry in the register under the seal is prima facie evidence of validity in legal proceedings. See Sections 23 and 24.
Sub-section (3): abandonment after twelve months of applicant's default
"Where registration of a geographical indication is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice."
Key conditions:
- Twelve months from the date of the application.
- The delay must be "by reason of default on the part of the applicant". The sub-section does not apply to delay caused by the Registry or by opposition proceedings.
- The Registrar "may" treat the application as abandoned, after giving notice in the prescribed manner.
- The applicant gets a last chance: the application is not treated as abandoned if it is completed "within the time specified in that behalf in the notice".
The text does not define "default" or fix the time to be given in the notice.
Sub-section (4): correcting clerical errors
"The Registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake."
This is a narrow correction power, limited to clerical errors and obvious mistakes. Wider changes to entries are for section 28 on application, and for rectification under section 27. See Sections 28 to 30.
The path from filing to certificate
| Stage | Section |
|---|---|
| Application and examination | 11 |
| Possible withdrawal of acceptance | 12 |
| Advertisement | 13 |
| Opposition | 14 |
| Registration and certificate | 16 |
| Term, renewal | 18 |
Example
The Riverbend Tea Growers' Society files its application on 5 January. It is accepted, advertised, and not opposed within the opposition time. The Registrar registers the indication and the four authorised users named in the application. The Society and each user get a sealed certificate. The registration is "as of" 5 January, the date of the application, which is deemed the date of registration (subject to section 84). If the Society had failed for twelve months to supply material the Registry asked for, the Registrar could, after notice, have treated the application as abandoned unless the Society completed it within the time the notice specified.
What the section does not say
- It does not state the form of certificate or any fee.
- It does not say within what time the Registrar must register once the conditions are met.
- It does not say when the Central Government may "otherwise direct".
- It does not define "default".
For the term that follows registration, see Section 18.
Need help getting to registration?
Delay on the applicant's side is the one thing within your control. Our team can manage the responses and deadlines in a geographical indication registration so that the twelve-month risk in sub-section (3) does not arise.
Key takeaways
- The Registrar registers an accepted application that is unopposed (time expired) or where opposition is decided for the applicant, unless the Central Government otherwise directs.
- Registration is as of the application date, which is deemed the date of registration, subject to section 84.
- The applicant and each registered authorised user receive a sealed certificate.
- An application may be treated as abandoned if registration is not completed within twelve months because of the applicant's default, after notice.
- Clerical errors and obvious mistakes in the register or certificate may be corrected by the Registrar.
Read next
- Section 17: application for registration as authorised user
- Section 18: duration, renewal, removal and restoration
- Section 14: opposition to registration
- Term of GI registration: 10 years and renewal
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.