Sections 34 and 35 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 34 deals with two practical matters once a rectification application is before the High Court: the form of the application, and what happens to the register when the Court decides. Section 35 gives the Registrar a right to appear and be heard in certain proceedings, or to file a written statement instead. These sections follow from section 27 and section 31. If you are bringing or defending a rectification matter, a legal dispute resolution adviser should read all of them together.
An application for rectification made to the High Court under section 27 must be in the prescribed form. A certified copy of every order or judgment of the High Court relating to a registered geographical indication is communicated to the Registrar, who must give effect to it and, when directed, amend or rectify the register. The Registrar may appear and be heard in High Court proceedings seeking alteration or rectification of the register or raising a question on Registry practice, and in certain appeals from his own orders on applications; he may instead submit a written statement, which is evidence in the proceeding.
What changed in 2021
In the principal text, sections 34 and 35 refer throughout to the "Appellate Board". The Tribunals Reforms Act, 2021, in the entry for these sections, substitutes "High Court" for "Appellate Board" wherever the words occur. Before the Tribunals Reforms Act, 2021, these sections dealt with applications to, and appearances before, the Appellate Board. This article states them with the substitution made.
The printed headings still read "before Appellate Board" for section 34; the substitution instruction speaks of the words wherever they occur, and the headings are not mentioned separately in the entry we read. Also, a few places in sections 34 and 35 use the shorter word "Board" (for example, "the order of the Board" and "directed by the Board"), which is not "Appellate Board" and is therefore not covered by the literal wording of the substitution. We read "Board" there as the same court, and flag the leftover word.
Section 34(1): form of the application
"An application for rectification of the register made to the High Court under section 27 shall be in such form as may be prescribed."
The form is prescribed by rules not in the text consulted, so we give no form number. The sub-section ties to section 27, under which a person aggrieved may apply to "the High Court or to the Registrar". See Section 27. The sub-section prescribes a form only for the application made to the High Court; it does not state the form for applications made to the Registrar.
Section 34(2): effect of the Court's order on the register
"A certified copy of every order or judgment of the High Court relating to a registered geographical indication under this Act shall be communicated to the Registrar by the High Court and the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order."
| Step | Who | What |
|---|---|---|
| 1 | The High Court | Communicates a certified copy of every order or judgment relating to a registered geographical indication to the Registrar |
| 2 | The Registrar | Gives effect to the order |
| 3 | The Registrar | When so directed, amends the entries or rectifies the register in accordance with the order |
The duty to communicate falls on the Court, and the scope is wide: "every order or judgment ... relating to a registered geographical indication". It is not confined to rectification orders. Compare section 27(5), under which an order of the High Court rectifying the register directs that notice be served on the Registrar.
Example. The High Court orders that the entry for a registered authorised user be expunged. A certified copy goes to the Registrar, who gives effect to it and amends the register as directed.
Section 35(1): when the Registrar may appear
"The Registrar shall have the right to appear and be heard—"
| Clause | Proceeding |
|---|---|
| (a) | In any legal proceedings before the High Court in which the relief sought includes alteration or rectification of the register, or in which any question relating to the practice of the Geographical Indications Registry is raised |
| (b) | In any appeal to the High Court from an order of the Registrar on an application for registration of a geographical indication or authorised user: (i) which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations; or (ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest |
"and the Registrar shall appear in any case if so directed by the Board."
Here too the printed word is "Board"; read as the High Court. Two points:
- The right in clause (b) arises in an appeal from the Registrar's own order, either in an unopposed application where there is no other contesting party (clause (b)(i)) or in an opposed one where he considers his appearance necessary in the public interest (clause (b)(ii)).
- The Registrar must appear if the Court so directs.
Section 35(2): a written statement in place of appearing
"Unless the High Court otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the Geographical Indications Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the proceeding."
| Point | Text |
|---|---|
| Option | Submit a signed written statement instead of appearing |
| Overriding power | Unless the High Court otherwise directs |
| Contents | Particulars of proceedings before him; grounds of his decision; Registry practice in like cases; other relevant matters within his knowledge as Registrar |
| Status | "such statement shall be evidence in the proceeding" |
The Registrar chooses the particulars "as he thinks proper". The statement is evidence in the proceeding.
How the sections fit together
| Section | Role |
|---|---|
| 27 | Who may apply for rectification and who decides |
| 31 | Appeal against the Registrar's order to the High Court |
| 34(1) | Prescribed form of a rectification application to the High Court |
| 34(2) | Communication of the Court's orders to the Registrar and giving effect on the register |
| 35 | Registrar's right to appear, or to file a written statement |
See Section 31 for appeals.
What the sections do not say
- They do not give the form number or any fee.
- They do not say which High Court has jurisdiction.
- They do not say how soon the Court must communicate a certified copy, or by when the Registrar must give effect.
- They do not say whether the Registrar bears or receives costs; the former section 36 on that point is omitted.
Need help in a rectification matter?
Whether you are seeking or resisting rectification, the Registrar's role under section 35 and the follow-through under section 34 affect how the matter ends. Our team can act through legal dispute resolution.
Key takeaways
- A rectification application to the High Court under section 27 is in the prescribed form (s.34(1)).
- Every order or judgment of the High Court relating to a registered geographical indication is communicated to the Registrar, who gives effect to it (s.34(2)).
- The Registrar may appear and be heard in the proceedings listed in s.35(1), and must appear if directed.
- He may submit a signed written statement instead, which is evidence in the proceeding (s.35(2)).
- "Appellate Board" is replaced by "High Court"; a few stray "Board" words remain in the printed text.
Read next
- Section 37: meaning of applying geographical indications
- Section 31: appeals to the High Court
- Section 27: power to cancel or vary registration and rectify the register
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.