Sections 74 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.
Three short sections deal with practical points in GI proceedings. Section 74 says that the address for service you give in an application or notice of opposition is treated as your address, and documents can be served there. Section 75 requires the Registrar or the High Court, as the case may be, to admit evidence of trade usages and of other geographical indications legitimately used. Section 76 lets a legal practitioner, a registered geographical indications agent or a sole and regular employee act for you before the Registrar. If you are filing or defending an application, our GI registration service can act as your representative and keep the service address in order.
Section 74: an address for service stated in an application or notice of opposition is deemed the address of the applicant or opponent, and documents may be served by leaving them there or posting them to it. Section 75: in any proceeding relating to a GI, the Registrar or the High Court, as the case may be, shall admit evidence of trade usages and of any relevant geographical indication legitimately used by others. Section 76: an act (other than making an affidavit) required before the Registrar may be done by a legal practitioner, a registered GI agent or a person in the sole and regular employment of the principal.
Amendment by the Tribunals Reforms Act, 2021 (section 75)
Section 22(n) of the Tribunals Reforms Act, 2021 provides that in section 75 "for the word 'tribunal', the words 'Registrar or the High Court, as the case may be,' shall be substituted". Before the Tribunals Reforms Act, 2021 section 75 read "the tribunal shall admit evidence ...". In the principal text "tribunal" was a defined term meaning the Registrar or the Appellate Board; the 2021 Act omitted that definition and, in this section, named the Registrar or the High Court. Sections 74 and 76 are not touched by the 2021 Act, and none of the three is changed by the Jan Vishwas (Amendment of Provisions) Act, 2023.
Section 74: address for service
"An address for service stated in an application or notice of opposition shall, for the purposes of the application or notice of opposition, be deemed to be the address of the applicant or opponent, as the case may be, and all documents in relation to the application or notice of opposition may be served by leaving them at or sending them by post to the address for service of the applicant or opponent, as the case may be."
| Feature | What the text says |
|---|---|
| Where stated | In an application or a notice of opposition |
| Effect | Deemed to be the address of the applicant or opponent for those purposes |
| Service | All documents in relation to the application or opposition may be served by leaving them at or sending them by post to that address |
In practice this makes your stated address the place where the Registry's notices and the other side's documents can validly be served. If the address is wrong, out of date or not monitored, service is still good and the time for reply may run against you. The text says nothing about e-mail or other modes of service; it speaks of leaving documents or posting them. It does not say what happens on a change of address. Applications are described in the article on section 11, and opposition in section 14.
Example. Hari Ram Producers Society gives its lawyer's office as the address for service in its notice of opposition. The Registry's notice of hearing is posted to that office. Service is valid even if the Society itself never sees the notice, so the lawyer's office must have a system to forward it.
Section 75: trade usages, etc., to be taken into consideration
Current wording: "In any proceeding relating to a geographical indication, the Registrar or the High Court, as the case may be, shall admit evidence of the usages of the trade concerned and of any relevant geographical indication legitimately used by other persons."
- Scope: "any proceeding relating to a geographical indication" before the Registrar or the High Court.
- Duty: the forum "shall admit" the evidence; it cannot refuse to receive it.
- What evidence: (1) the usages of the trade concerned; (2) any relevant geographical indication legitimately used by other persons.
This matters for questions such as whether a name has become generic in the trade, how a place name is used for similar goods and what other legitimate indications exist in the market. "Shall admit" means the evidence comes in; the weight it deserves is for the forum to decide. The text does not say that the evidence is conclusive, and does not say what "legitimately" requires beyond its ordinary sense.
Section 76: agents
"Where, by or under this Act, any act, other than the making of an affidavit, is required to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be done instead of by that person himself, by a person duly authorised in the prescribed manner, who is,—
- (a) a legal practitioner, or
- (b) a person registered in the prescribed manner as a geographical indications agent, or
- (c) a person in the sole and regular employment of the principal."
| Point | What the text says |
|---|---|
| What can be delegated | Any act required to be done before the Registrar other than making an affidavit |
| Subject to | Rules made in this behalf |
| Authority | The agent must be duly authorised in the prescribed manner |
| Who may act | (a) a legal practitioner; (b) a person registered as a GI agent in the prescribed manner; (c) a person in the principal's sole and regular employment |
Section 87(2)(s) lets the rules prescribe "the manner of authorising any person to act and the manner of registration of a geographical indications agent". The rules are not in our sources, so we state no form, no registration procedure and no fee.
The exclusion of the affidavit matters for evidence, which is by affidavit under section 62 (see the article on sections 60 to 62). The person who has the knowledge must himself swear the affidavit; an agent cannot make it in his place.
Section 73(3) protects a legal practitioner or registered GI agent acting professionally from liability for threats, as the article on section 73 explains.
All three at a glance
| Section | Subject | Core rule | Forum named |
|---|---|---|---|
| 74 | Address for service | Stated address is deemed the party's address; service by leaving or post | Not stated |
| 75 | Trade usages | Evidence of trade usages and of other legitimate GIs shall be admitted | Registrar or the High Court, as the case may be |
| 76 | Agents | Legal practitioner, registered GI agent or sole and regular employee may act, except for affidavits | Registrar |
What the sections do not say
- Section 74 does not say how to change an address for service.
- It does not mention service by e-mail.
- Section 75 does not say how the evidence is to be given.
- Section 76 does not say what "sole and regular employment" requires.
- None states a fee or form; those are left to the rules.
Practical points
- Give an address for service that is staffed and monitored; documents sent there count as served.
- Collect evidence of trade usage, such as price lists, catalogues and trade-body statements, to place before the Registrar or the High Court.
- Appoint an agent in the prescribed manner before they act, and keep the authorisation on file.
- Remember that affidavits must be sworn by the person himself.
Need help with service addresses and representation?
A wrong service address or an unauthorised agent can cost a deadline or a hearing. Our GI registration service can act as your authorised representative, manage the service address and collect the trade usage evidence your case needs.
Key takeaways
- Section 74: an address for service is deemed the party's address; documents may be left there or posted.
- Section 75: the Registrar or the High Court, as the case may be, shall admit evidence of trade usages and of other legitimately used indications ("tribunal" was replaced by the 2021 Act).
- Section 76: a legal practitioner, a registered GI agent or a sole and regular employee may act before the Registrar, but not for an affidavit.
Read next
- Sections 60–62: powers of the Registrar, discretion and evidence
- Section 73: groundless threats of legal proceedings
- Section 14: opposition to registration of a geographical indication
- Who can apply for GI registration: producers and associations
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.