Section 2 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.
This is the second half of the definitions section. It explains the remaining clauses of section 2(1) still in force and the interpretation rules in sub-sections (2) and (3). The two clauses that matter most in a dispute are "authorised user" and "deceptively similar". If you are unsure how these definitions apply to your own labels, a short legal consultation before you print or register is cheaper than correcting later.
One geographical indication is deceptively similar to another if it so nearly resembles it as to be likely to deceive or cause confusion. An authorised user is a person registered under section 17. Words not defined in the GI Act take their meaning from the Trade Marks Act, 1999 (section 2(2)). Use means use of a printed or other visual representation, and use "in relation to goods" is read widely (section 2(3)). Clauses (a) and (p) of section 2(1) are omitted.
Which clauses are covered here
The first article in this pair covers clauses (e), (f), (g), (h), (k) and (n). This one covers the rest:
| Clause | Term |
|---|---|
| (a) | "Appellate Board": omitted by the Tribunals Reforms Act, 2021 |
| (b) | authorised user |
| (c) | deceptively similar |
| (d) | district court |
| (i) | package |
| (j) | prescribed |
| (l) | register |
| (m) | registered |
| (o) | Registrar |
| (p) | "tribunal": omitted by the Tribunals Reforms Act, 2021 |
Before the Tribunals Reforms Act, 2021, clause (a) defined the Appellate Board as the Appellate Board established under section 83 of the Trade Marks Act, 1999, and clause (p) defined "tribunal" as the Registrar or, as the case may be, the Appellate Board before which the proceeding was pending. Both clauses are now omitted, and the sections that used those words have been amended to refer to the High Court, or to the Registrar or the High Court as the case may be. The clause letters of the other definitions were not renumbered.
Clause (b): authorised user
"Authorised user" means "the authorised user of a geographical indication registered under section 17". So the status comes only from registration under section 17, which is the application route for a person claiming to be a producer of the goods. See authorised user of GI: registration and rights for the practical position.
Clause (c): deceptively similar
"A geographical indication shall be deemed to be deceptively similar to another geographical indication if it so nearly resembles that other geographical indication as to be likely to deceive or cause confusion."
The test has three features:
- It compares one indication with another indication, not goods with goods.
- The threshold is resemblance so near as to be likely to deceive or cause confusion.
- The test is of likelihood, not proof that anyone was actually deceived.
The definition feeds into the grounds on which an application may be refused and into infringement. The phrase is the same family as the trade mark concept; the Trade Marks Act has its own treatment, which this article does not import.
Example. A registered indication reads "Riverbend" for tea. A trader labels other tea "Riverbend" with a spelling variation and a similar device. Whether it is deceptively similar turns on whether it so nearly resembles the registered indication as to be likely to deceive or cause confusion.
Clause (d): district court
"District court" has the meaning assigned to it in the Code of Civil Procedure, 1908. The Act does not repeat the meaning. The district court matters later: section 66 deals with the court in which infringement suits are filed, and this article leaves that to its own section.
Clause (i): package
"Package" includes "any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork". The word "includes" and the long list show a deliberately broad meaning. It is relevant to section 37, where applying an indication to a package is a way of applying it to goods.
Clauses (j), (l) and (m): prescribed, register, registered
- Prescribed means "prescribed by rules made under this Act". Wherever the Act says "in the prescribed manner" or "as may be prescribed", the detail is in the rules. The GI Rules are not part of the text consulted for this series, so no form, fee or rule number is given.
- Register means "the Register of Geographical Indications referred to in section 6".
- Registered (with its grammatical variations) means "registered under this Act".
Clause (o): Registrar
"Registrar" means "the Registrar of Geographical Indications referred to in section 3". Section 3(1) makes the Controller-General of Patents, Designs and Trade Marks the Registrar. Sub-section (3)(d) below extends the word to officers.
Sub-section (2): words defined in the Trade Marks Act
"Words and expressions used and not defined in this Act but defined in the Trade Marks Act, 1999 (47 of 1999) shall have the meanings respectively assigned to them in that Act."
This is a gap-filler. If the GI Act uses a word without defining it and the Trade Marks Act defines it, the Trade Marks Act meaning applies. It does not import the Trade Marks Act's scheme or sections. For how the two Acts interact on conflicts between marks and indications, see Section 25.
Sub-section (3): references to use, registered indications, the Registrar and the Registry
Unless the context otherwise requires, any reference:
| Clause | Reading |
|---|---|
| (a) | To the use of a geographical indication is a reference to the use of a printed or other visual representation of it |
| (b) | To use in relation to goods is a reference to use upon, or in any physical or any other relation whatsoever to such goods |
| (c) | To a registered geographical indication includes a geographical indication registered in the register |
| (d) | To the Registrar includes any officer discharging the Registrar's functions under section 3(2) |
| (e) | To the Geographical Indications Registry includes any office of the Registry |
Clause (a) means that use is visual: what is printed, displayed or otherwise visually shown. Clause (b) is deliberately wide: "any physical or any other relation whatsoever". Clause (d) matters in practice because many functions are exercised by officers authorised under section 3(2), and the Act treats their acts as the Registrar's. Clause (e) similarly treats the branch offices as part of the Registry.
Drafting point
Clause (c) of sub-section (3) says a reference to a registered geographical indication "shall be construed as including a reference to a geographical indication registered in the register". The wording is circular as printed; we quote it as it stands and note that it reads as confirming that registration in the register is what counts.
Need help with a label or a dispute over similar names?
Whether two names are deceptively similar, or whether a trader's use falls within "use in relation to goods", depends on the facts. Our team can review your labels and packaging through a legal consultation and advise on the position under the Act.
Key takeaways
- Authorised user means a person registered under section 17.
- Deceptively similar means resembling so nearly as to be likely to deceive or cause confusion.
- Clauses (a) "Appellate Board" and (p) "tribunal" of section 2(1) are omitted by the Tribunals Reforms Act, 2021.
- Undefined words take their Trade Marks Act, 1999 meaning under section 2(2).
- Use means use of a printed or other visual representation, and use in relation to goods covers any physical or other relation.
Read next
- Section 2: definitions of geographical indication, goods, indication and producer
- Sections 3 and 4: Registrar and power to withdraw or transfer cases
- Authorised user of GI: registration and rights
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.