Section 9 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 9 lists seven kinds of geographical indication that "shall not be registered", and then defines "generic names or indications" in two Explanations. It is the Act's refusal checklist: before you file, test your name against each limb. A legal consultation at this stage can save a rejected application, because several limbs turn on facts such as whether the name has become the common name of the goods.
A geographical indication shall not be registered if its use would be likely to deceive or cause confusion, or be contrary to any law; if it has scandalous or obscene matter; if it is likely to hurt religious susceptibilities of any class of citizens of India; if it is otherwise disentitled to protection in a court; if it is a generic name that is not, or has ceased to be, protected in its country of origin or has fallen into disuse there; or if it is literally true but falsely represents that the goods come from another territory, region or locality.
The seven grounds
The section is one long sentence beginning "A geographical indication" and ending "shall not be registered as a geographical indication". The grounds are clauses (a) to (g).
| Clause | Ground, as printed | Plain meaning |
|---|---|---|
| (a) | the use of which would be likely to deceive or cause confusion | A likelihood test, not proof of actual deception |
| (b) | the use of which would be contrary to any law for the time being in force | Use would be unlawful under any law |
| (c) | comprises or contains scandalous or obscene matter | Offensive content within the indication |
| (d) | comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India | Religious sensitivity of Indian citizens |
| (e) | which would otherwise be disentitled to protection in a court | A residual bar |
| (f) | determined to be generic names or indications of goods and therefore not, or ceased to be, protected in their country of origin, or fallen into disuse in that country | Generic and lapsed names |
| (g) | although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality | True words, false impression |
Clause (a): deception or confusion
This is the same standard used in the definition of "deceptively similar" in section 2(1)(c): likely to deceive or cause confusion. The test is about the use of the indication, and about likelihood. Under section 14(5) the Registrar, in deciding an opposition, "may take into account a ground of objection whether relied upon by the opponent or not", so he is not limited to what the opponent raises.
Clause (b): contrary to law
An indication whose use would be contrary to "any law for the time being in force" is barred. The text does not name any particular law.
Clauses (c) and (d): offensive matter
Clause (c) covers "scandalous or obscene matter". Clause (d) covers matter "likely to hurt the religious susceptibilities of any class or section of the citizens of India". The word "likely" again sets a probability test, not a requirement that anyone was actually hurt. The text does not define "scandalous", "obscene" or "religious susceptibilities".
Clause (e): otherwise disentitled to protection in a court
This is a residual ground. The text does not list what falls within it, and this article does not guess.
Clause (f): generic names
Clause (f) catches indications "determined to be generic names or indications of goods and are, therefore, not or ceased to be protected in their country of origin, or which have fallen into disuse in that country".
Explanation 1 defines "generic names or indications", in relation to goods, as "the name of a goods which, although relates to the place or the region where the goods was originally produced or manufactured, has lost its original meaning and has become the common name of such goods and serves as a designation for or indication of the kind, nature, type or other property or characteristic of the goods".
Explanation 2 adds: "In determining whether the name has become generic, account shall be taken of all factors including the existing situation in the region or place in which the name originates and the area of consumption of the goods."
So there are two questions: is the name now simply the common name of the kind of goods, and, taking all factors into account (including the situation at home and where the goods are consumed), has it really become generic?
Example. If "Hillside blend" once pointed to a valley but is now used by traders across the country simply to mean a style of blended tea, and the valley no longer protects the name, clause (f) and the Explanations would be the focus of any objection. By contrast, a name still tied to its valley and still protected there would not fall in clause (f) merely because other traders use similar words.
Clause (g): literally true but false
Clause (g) deals with an indication that is "literally true as to the territory, region or locality in which the goods originate" but "falsely represent to the persons that the goods originate in another territory, region or locality". An indication that sounds like a famous place but is in fact the name of a small village elsewhere is the type the clause has in mind. Section 22(1)(c) uses a parallel idea for infringement.
Drafting points
- The opening phrase uses the singular "A geographical indication" but clauses (f) and (g) use the plural "which are determined" and "which ... falsely represent". We quote it as printed; the meaning is not affected.
- In Explanation 1, "the name of a goods" is printed as it appears in the source.
How the section is used in practice
- At examination. Under section 11(5) and (6), the Registrar examines the application and may refuse, or accept absolutely or subject to conditions. If he refuses or accepts conditionally he must record the grounds in writing (section 11(7)).
- At opposition. Any person may oppose within the period in section 14(1), and section 9 grounds are the natural basis.
- After registration. Section 27 allows a person aggrieved to apply for cancellation or rectification, as amended; section 9 grounds can be relevant to entries "made in the register without sufficient cause".
For where objections arise in the sequence, see GI registration process: application to certificate. For the later rectification route, see Section 27.
What the section does not say
- It does not say who decides what is "scandalous" or "obscene".
- It does not list generic names.
- It does not prescribe forms, fees or time limits.
- It does not say what happens to an existing registration later found to fall within section 9. That is for sections 27 and 28 and for the Registrar and High Court.
Need help testing your name before filing?
A name that has drifted into everyday use, or that suggests the wrong place, is the most common source of objection. Our team can review your proposed indication against section 9 in a legal consultation before you file.
Key takeaways
- Section 9 bars registration on seven grounds, clauses (a) to (g).
- Deception, confusion and unlawful use are barred, as are scandalous or obscene matter and matter hurting religious susceptibilities.
- Generic names that are not, or no longer, protected in the country of origin, or have fallen into disuse, are barred; the two Explanations tell you how to judge genericness.
- Literally true but falsely representing indications are barred.
- The Registrar may take up a ground even if the opponent has not (section 14(5)).
Read next
- Section 10: homonymous geographical indications
- Section 11: application for registration
- Section 14: opposition to registration
- What is a geographical indication: definition and examples
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.