Section 25 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 25 protects geographical indications from the trade mark side. It directs the Registrar of Trade Marks, on his own motion or at the request of an interested party, to refuse or invalidate the registration of a trade mark that contains or consists of a geographical indication in two situations: where the goods do not come from the indicated place and the use would mislead, and where the indication identifies goods notified under section 22(2). If your name is being used in someone's trade mark application, a legal consultation can help you decide how to approach the Trade Marks Registry.
Notwithstanding anything in the Trade Marks Act, 1999, the Registrar of Trade Marks shall, suo motu or at the request of an interested party, refuse or invalidate the registration of a trade mark that (a) contains or consists of a geographical indication for goods not originating in the indicated territory, region or locality, if its use for those goods is of such a nature as to confuse or mislead as to the true place of origin, or (b) contains or consists of a geographical indication identifying goods notified under section 22(2).
The text
"Notwithstanding anything contained in the Trade Marks Act, 1999 (47 of 1999), the Registrar of Trade Marks referred to in section 3 of that Act, shall, suo motu or at the request of an interested party, refuse or invalidate the registration of a trade mark which— (a) contains or consists of a geographical indication with respect to the goods or class or classes of goods not originating in the territory of a country, or a region or locality in that territory which such geographical indication indicates, if use of such geographical indications in the trade mark for such goods, is of such a nature as to confuse or mislead the persons as to the true place of origin of such goods or class or classes of goods; (b) contains or consists of a geographical indication identifying goods or class or classes of goods notified under sub-section (2) of section 22."
Who acts
The section places the duty on "the Registrar of Trade Marks referred to in section 3 of that Act", that is the Trade Marks Act, 1999. The Registrar of Trade Marks acts "suo motu" (on his own) or "at the request of an interested party". Note the section 3 of the GI Act makes the same Controller-General the Registrar of Geographical Indications, but section 25 speaks of the Registrar of Trade Marks, so the action is taken in the trade mark register. The text does not say how an "interested party" makes the request, and names no form or fee.
The two grounds
| Ground | What the trade mark does | Extra condition |
|---|---|---|
| (a) | Contains or consists of a geographical indication, for goods not originating in the place the indication indicates | The use of the indication in the trade mark for such goods must be "of such a nature as to confuse or mislead the persons as to the true place of origin" |
| (b) | Contains or consists of a geographical indication identifying goods notified under section 22(2) | None stated in clause (b) itself |
Ground (a): misleading use for goods from elsewhere
Ground (a) has three parts. The trade mark contains or consists of a geographical indication. The goods covered by the trade mark do not originate in the place that indication indicates. And the use of that indication in the mark for those goods is of a nature that would confuse or mislead people about the true place of origin. All three must be present on the printed words.
Example. A company applies for a trade mark "Riverbend Gold" for tea, but its tea is grown in another state. If "Riverbend" is a geographical indication and the use in the trade mark would confuse or mislead persons about the tea's true origin, ground (a) is available to the Registrar of Trade Marks.
Ground (b): notified goods
Ground (b) refers to goods or classes of goods "notified under sub-section (2) of section 22". That sub-section lets the Central Government, by notification, specify goods for additional protection. Ground (b) contains no confusion test of its own: it speaks only of a trade mark that "contains or consists of a geographical indication identifying" such goods. The text does not say that the mark's goods must be of non-origin; it simply refers to the indication identifying notified goods. We read it as printed and do not add conditions. The notified goods are not listed in the text consulted. See Section 22 for the notification power.
"Refuse or invalidate"
The direction covers both stages: refuse registration at the application stage, and invalidate a registration already granted. The words "suo motu or at the request of an interested party" apply to both. The text does not give the procedure for either.
How it fits with section 26
Section 25 is the stopping provision. Section 26 is the protecting provision for some older or good-faith trade marks: it provides that nothing in the GI Act prejudices the registrability or validity of certain trade marks containing a geographical indication that were applied for or registered in good faith, or acquired through use in good faith before the commencement or before the date of filing the GI application, among other things. Read the two together: section 25 bars certain marks, and section 26 preserves others. See Section 26.
Section 2(2) of the GI Act says undefined words take their Trade Marks Act meaning, but section 25 stands on its own words.
Practical points
- Watch for trade marks that contain your indication. The text gives the interested party a right to request refusal or invalidation, so watch for marks that include your indication. The text does not set a time or procedure.
- Document the true origin. Ground (a) turns on the goods "not originating" in the indicated place and on likely confusion about origin.
- Know whether your goods are notified. Ground (b) depends on a notification under section 22(2).
- Check the five-year bar. Section 26(4) limits actions in connection with the use or registration of a trade mark after five years from when the infringement became known to the proprietor or authorised user, subject to conditions. This is explained in the article on section 26, and delay can be fatal.
What the section does not say
- It does not say which forum hears a request, or give a form or fee.
- It does not say who counts as an "interested party".
- It does not list notified goods.
- It does not say what happens to goods already sold under the mark.
Need help with a conflicting trade mark?
Whether a trade mark conflicts with your registered indication depends on goods, origin and notification. Our team can assess it and advise on a request to the Registrar of Trade Marks through a legal consultation.
Key takeaways
- Section 25 operates notwithstanding the Trade Marks Act, 1999.
- The Registrar of Trade Marks shall refuse or invalidate trade marks falling in clause (a) or (b), on his own motion or at the request of an interested party.
- Clause (a): geographical indication on goods not originating in the indicated place, where use would confuse or mislead about the true origin.
- Clause (b): geographical indication identifying goods notified under section 22(2).
- Section 26 preserves certain good-faith and prior-use trade marks.
Read next
- Section 26: protection to certain trade marks and prior users
- Section 22: infringement of registered geographical indications
- 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.