Section 19 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 19 answers a narrow question: what is the position of a geographical indication that has been removed from the register because the renewal fee was not paid? For one year after removal, it is still treated as a geographical indication already on the register when someone applies to register another indication, unless it is shown that the old one was not used or that confusion is not likely. If you are weighing a name that was recently removed, a legal consultation can help you test whether the section stands in your way.
Where a geographical indication has been removed for failure to pay the renewal fee, then for one year after the date of removal, in any application to register another geographical indication, it is deemed to be a geographical indication already on the register. That holds unless the Registrar or the High Court, as the case may be, is satisfied either that there was no bona fide trade use within the two years before removal, or that no deception or confusion would be likely from use of the new indication because of any previous use of the removed one.
A note on the wording
The principal text of the Act, as consulted, says "unless the tribunal is satisfied". The Tribunals Reforms Act, 2021 substituted, in section 19, for the word "tribunal", the words "Registrar or the High Court, as the case may be". Before the Tribunals Reforms Act, 2021 this read "tribunal", which the Act then defined as the Registrar or, as the case may be, the Appellate Board before which the proceeding was pending. This article uses the current wording.
The text, with the substitution made
"Where a geographical indication has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another geographical indication during one year, next after the date of removal, be deemed to be a geographical indication already on the register, unless the is satisfied either— (a) that there has been no bona fide trade use of the geographical indication which has been removed within the two years immediately preceding its removal; or (b) that no deception or confusion would be likely to arise from the use of the geographical indication which is the subject of the application for registration by reason of any previous use of the geographical indication which has been removed."
| Element | Text | Meaning |
|---|---|---|
| Trigger | Removal from the register for failure to pay the renewal fee | The removal route in section 18 for non-payment |
| Period | One year, next after the date of removal | Counted from the date of removal, not from expiry |
| Effect | Deemed to be a geographical indication already on the register | The old entry can still stand in the way of a later applicant |
| Where it operates | "for the purpose of any application for the registration of another geographical indication" | In other people's applications |
| Escape (a) | No bona fide trade use within the two years immediately before removal | The old indication was not really in use |
| Escape (b) | No deception or confusion likely from the new indication's use, by reason of any previous use of the removed one | The public would not be misled |
| Decision-maker | The Registrar or the High Court, as the case may be | Satisfaction is theirs to form |
Who is affected
The former proprietor or authorised user
If your entry was removed for non-payment, section 19 keeps your indication alive, for deeming purposes, for a year. It does not restore your registration. Restoration is a separate route under section 18(5): after six months and within one year from the expiration of the last registration, on application and fee, if the Registrar is satisfied it is just. Note that the section 19 year runs from the date of removal, while the section 18(5) window runs from the expiration of the last registration. These are different starting points, and the two periods will not coincide unless removal happened on the day of expiry; the text does not say how the dates relate beyond what is printed.
A later applicant
If you apply for a name close to one removed within the last year, the removed indication may be treated as on the register when your application is considered. To get past it, you would show either escape (a) or (b).
Example. Riverbend Tea Growers' registration is removed on 10 June for non-payment of the renewal fee. On 15 October the same year, Hillcrest Traders applies for a near-identical indication for similar goods. Within one year of removal, "Riverbend" is deemed to be on the register for the purpose of Hillcrest's application, unless Hillcrest satisfies the Registrar or the High Court, as the case may be, that Riverbend had no bona fide trade use in the two years before 10 June, or that no deception or confusion would be likely.
Who decides, and why "High Court"
The deciding authority is "the Registrar or the High Court, as the case may be". If the question arises in the Registrar's proceedings on the new application, the Registrar decides. If it arises in a matter before the High Court, such as an appeal under section 31 as amended, the High Court decides. The text does not give a rule beyond "as the case may be".
What the section does not say
- It does not say who bears the burden. The words are "unless ... is satisfied"; an applicant who wants to avoid the deeming would naturally put forward material on (a) or (b).
- It does not define "bona fide trade use".
- It does not state fees or forms.
- It does not apply to removal on grounds other than failure to pay the renewal fee. Rectification is dealt with in section 27.
- It does not say what happens after the year ends.
Practical points
- Check the register before you file. If a close name was recently removed, find out why and when.
- Gather facts on use. An applicant who wants to overcome the deeming needs facts on use in the two years before removal, or on the absence of likely confusion.
- Count from the removal date. The one year runs from the date of removal.
- If you were removed, move fast. Restoration under section 18(5) has its own window.
Compare the similar rule for trade marks, which this section mirrors in concept: the site's Trade Marks Act series explains the trade mark version in its own articles.
Need help with a lapsed entry or a close name?
Whether you are the former proprietor of a removed entry or a new applicant facing one, the dates decide the outcome. Our team can review them in a legal consultation and advise on the options under sections 18 and 19.
Key takeaways
- Section 19 applies where a geographical indication was removed for failure to pay the renewal fee.
- For one year after removal, it is deemed to be on the register for the purpose of another application.
- Escapes: no bona fide trade use in the two years before removal, or no likelihood of deception or confusion.
- The decision-maker is the Registrar or the High Court, as the case may be; before the Tribunals Reforms Act, 2021 this read "tribunal".
- Restoration of the removed entry is a separate right under section 18(5).
Read next
- Section 18: duration, renewal, removal and restoration
- Section 20: no action for infringement of unregistered geographical indication
- 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.