SPECIAL, PROVISIONS RELATING TO TRADE MARK AND PRIOR USERSCentral

Section 25 of The Geographical Indications of Goods (Registration and Protection) Act, 1999 in hindi

Prohibition of registration of geographical indication as trade mark.

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.

Summary

This provision commands the Registrar of Trade Marks to refuse or cancel any trade mark that consists of a geographical indication for goods that do not actually come from that place.
The rule applies if using that geographical indication in a trade mark would confuse or mislead people about where the goods are truly made.
The Registrar can take this action "suo motu", which means on their own initiative, without waiting for someone to complain.
It also applies if an interested party specifically asks the Registrar to refuse the trade mark.
There is a strict ban on registering trade marks that contain geographical indications for special goods that the government has singled out for extra protection.

Practical examples

1A company in Delhi tries to register the trade mark "Darjeeling Style Delights" for tea grown in Kenya. In 2026, the Registrar of Trade Marks sees the application and, acting under Section 25 of the 1999 Act, refuses it because it would mislead consumers.

2A business owner wants to use a famous protected name as part of their new logo for shoes. Because that name identifies a class of goods with extra protection under Section 22 of the Geographical Indications Act, the Registrar must invalidate the mark according to Section 25.

FAQ

1. Can a geographical indication be registered as a trade mark under Section 25 of the Geographical Indications Act?

No, Section 25 requires the Registrar of Trade Marks to refuse or invalidate trade marks that contain geographical indications if they are misleading about the origin of the goods.

2. Can the Registrar act on their own to stop a GI-based trade mark under Section 25 of The Geographical Indications of Goods (Registration and Protection) Act, 1999?

Yes, Section 25 states the Registrar can act "suo motu", which means on their own motion, to refuse such a registration.

3. Does Section 25 of the Geographical Indications Act apply to all types of goods?

It applies to any goods where the use of the name would mislead people, and it specifically applies to goods notified for additional protection under Section 22(2).

Test yourself

1.Under Section 25 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, the Registrar of Trade Marks must refuse a mark if:

2.What does "suo motu" mean as used in Section 25 of the Geographical Indications Act?

3.According to Section 25 of The Geographical Indications of Goods (Registration and Protection) Act, 1999, which other section of the Act is cross-referenced for additional protection?

4.Under Section 25 of the Geographical Indications Act, who besides the Registrar can trigger the refusal of a misleading trade mark?

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