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Guidelines for Filing of Geographical Indication Application

Purpose

The purpose of this guideline is to give an elementary information for filing of an application.  The guidelines are subject to requirements of the Act and Rules.

Procedure

An  application for registration of a geographical indication is to be made in writing using a replica of the official application Form GI-1 for the registration of a Geographical Indication in Part A of the Register by an Indian applicant; Form GI-2 for a convention application; an application for goods falling in different classes by an Indian applicant in Form  GI-3 and an application for registration of goods falling in different classes from a convention country  in Form GI-4 along with prescribed fee and should  be addressed to the “Registrar of Geographical Indications”, Guna Complex, No. 443/304 Anna Salai, Teynampet,Chennai-600 018, Phone: 044-4314293/94/95/96/97/98..

Details of application

The application  should include the various requirements and criteria for processing a geographical application as specified in Rule 32(1) which details interalia:

i.                    How the indication  serves to designate the goods as a Geographical Indication?

ii.                   The Class of goods;

iii.                 The territory ;

iv.                The particulars of appearance ;

v.                  Particulars of producers;

vi.                An affidavit of how the applicant claim to represent the interest;

vii.               The standard bench mark or other characteristics of the geographical indication;

viii.             The particulars of special characteristics;

ix.                 Textual  description of the proposed boundary;

x.                  The growth attributes in relation to the G.I. pertinent to the application;Certified copies of the map of the territory

xi.                 Special human skill involved, if any;

xii.               Number of producers; and

xiii.              Particulars of inspection structures, if any, to regulate the use of geographical indication. 

Steps involved in processing of application

i)                    On receipt of the application, a number will be allotted. 

ii)                   Thereafter, the application would be examined to check whether it meets the requirements of the Act and Rules.  For this purpose the Registrar shall ordinarily constitute a  Consultative Group of experts to ascertain the correctness of the particulars furnished.  After issuance of the Examination Report  submission would be considered. 

iii)                 If no objections is raised it would be accepted and would be advertised in the Geographical Indications  Journal.  An opposition can be lodged within a maximum of four month period.  If the opposition is dismissed, the application will proceed to registration in Part A of the Register unless the Central Government otherwise directs.

iv)                After a geographical indication is registered any person claiming  to be the producer of the registered  geographical indication can file an application for registration as an authorised user in Part B of the Register.  The procedure for registration as an authorised  user is similar to that for the registration of a geographical indication. 

For more information please address your querries to :

The Registrar of Geographical Indication,
Guna complex, No.443/304 Anna Salai, Teynampet, Chennai-6000 018 
Phone: 044-4314293/94/95/96/97/98

 
 
 
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