Section 18 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 18 sets the life of a geographical indication registration at ten years, renewable for further periods of ten years, and tells you what happens if renewal is missed. There is a six-month window to renew with a surcharge before removal, and a later window to restore a removed entry. These dates are counted from the expiration of the last registration, so every renewal needs a diary note. A geographical indication registration is only as good as its renewals.
A registration lasts ten years and may be renewed from time to time for ten years each. An authorised user's registration lasts ten years or until the indication's registration expires, whichever is earlier. The Registrar sends a notice before expiry. If renewal conditions are not met he may remove the entry, but he shall not remove it if the application, prescribed fee and surcharge are made within six months of expiry. After removal, he shall restore the entry after six months and within one year from expiry, on application and fee, if satisfied that it is just.
Sub-section (1): ten years, renewable
"The registration of a geographical indication shall be for a period of ten years, but may be renewed from time to time in accordance with the provisions of this section."
The term is ten years. Renewal is available "from time to time", so there is no stated limit on the number of renewals. See also term of GI registration: 10 years and renewal.
Sub-section (2): authorised users
"The registration of an authorised user shall be for a period of ten years or for the period till the date on which the registration of the geographical indication in respect of which the authorised user is registered expires, whichever is earlier."
So an authorised user registered late in the life of the indication gets less than ten years: the registration ends when the indication's does, if that is sooner.
Sub-section (3): renewal
"The Registrar shall, on application made in the prescribed manner, by the registered proprietor or by the authorised user and within the prescribed period and subject to the payment of the prescribed fee, renew the registration of the geographical indication or authorised user, as the case may be, for a period of ten years from the date of expiration of the original registration or of the last renewal of registration, as the case may be (which date is in this section referred to as the expiration of the last registration)."
- Who applies: the registered proprietor or the authorised user.
- When: "within the prescribed period", which is set by rules not in the source.
- Duty: "shall ... renew" once the conditions are met.
- New term: ten years from the expiration of the last registration, so the term runs on without a gap.
Sub-section (4): notice, removal and the six-month proviso
"At the prescribed time before the expiration of the last registration of a geographical indication or the authorised user, as the case may be, the Registrar shall send notice in the prescribed manner to the registered proprietor or the authorised user, as the case may be, of the date of expiration and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and, if at the expiration of time prescribed in that behalf those conditions have not been duly complied with, the Registrar may remove the geographical indication or the authorised user, as the case may be, from the register:"
Proviso: "Provided that the Registrar shall not remove the geographical indication or the authorised user, as the case may be, from the register, if an application is made in the prescribed form and the prescribed fee and surcharge is paid within six months from the expiration of the last registration of the geographical indication or the authorised user, as the case may be, and shall renew the registration of geographical indication or the authorised user, as the case may be, for a period of ten years under sub-section (3)."
Reading it:
- The Registrar must send a reminder notice "at the prescribed time before" expiry, giving the date and the conditions.
- If conditions are not complied with in the prescribed time, he may remove the entry.
- But he shall not remove if, within six months from the expiration of the last registration, the application is made in the prescribed form and the prescribed fee and surcharge are paid. He then renews for ten years.
The amounts of the fee and surcharge are not in the text.
Sub-section (5): restoration
"Where a geographical indication or authorised user, as the case may be, has been removed from the register for non-payment of the prescribed fee, the Registrar shall, after six months and within one year from the expiration of the last registration of the geographical indication or the authorised user, as the case may be, on receipt of an application in the prescribed form and on payment of the prescribed fee, if satisfied that it is just so to do, restore the geographical indication or the authorised user, as the case may be, to the register and renew registration of the geographical indication or authorised user, as the case may be, either generally or subject to such condition or limitation as he thinks fit to impose, for a period of ten years from the expiration of the last registration."
The windows on one timeline
| Period (counted from expiration of the last registration) | What is possible | Source |
|---|---|---|
| Before expiry | Registrar sends notice of the date and the conditions | s.18(4) |
| Up to expiry, within the prescribed period | Renewal on application and prescribed fee | s.18(3) |
| Within six months after expiry | Renewal on application, prescribed fee and surcharge; the Registrar shall not remove | s.18(4) proviso |
| After six months and within one year | If already removed for non-payment: restoration on application and fee, if the Registrar is satisfied it is just; may be general or on conditions | s.18(5) |
The text does not explain what happens if no application is made within one year of expiry; it is silent beyond sub-section (5).
Example. Riverbend Tea Growers' Society's registration expires on 31 March and it misses the prescribed renewal period. If it applies with the prescribed fee and surcharge by 30 September, the Registrar shall not remove the entry and shall renew for ten years. If the entry has been removed, the Society may apply after 30 September and within one year of expiry, and if the Registrar is satisfied it is just he shall restore and renew, perhaps on conditions or limitations.
Note that sub-section (5) uses "shall" but links it to "if satisfied that it is just so to do", so the Registrar keeps a judgment. The proviso's "fee and surcharge is paid" uses a singular verb; we read both as payable.
Effect of removal on others: section 19
For one year after removal for failure to pay the renewal fee, a removed indication is deemed to be on the register for another applicant's registration, unless the Registrar or the High Court, as the case may be, is satisfied of non-use or no confusion. See Section 19.
What the section does not say
The text states no fee, surcharge, form or prescribed period, and does not say whether a notice not received affects removal; it requires the Registrar to send it.
Need help with a renewal or a lapsed registration?
The windows run from expiry and are not extended by the text. Our team can diarise renewals and, where an entry has lapsed, assess the route under section 18 through a geographical indication registration engagement.
Key takeaways
- A registration lasts ten years and may be renewed from time to time for ten years each.
- An authorised user's registration lasts ten years or until the indication's registration expires, whichever is earlier.
- The Registrar sends notice before expiry; he may remove the entry for non-compliance.
- He shall not remove if the application, prescribed fee and surcharge come within six months of expiry.
- A removed entry may be restored after six months and within one year from expiry, on application and fee, if the Registrar is satisfied it is just.
Read next
- Section 19: effect of removal for failure to pay renewal fee
- Section 17: application for registration as authorised user
- 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.