Who can file a GI infringement suit?

Per s.21(1) of the GI Act 1999, the **registered proprietor** may institute the suit. Per s.21(2), an **authorised user** may institute the suit only if the registered proprietor does not do so within **two months** of the authorised user's written request. The two-month window is statutory — the authorised user's plaint must annex proof of the request and the two-month waiting period.

What is the penalty for applying a false GI to goods?

Per s.22 of the GI Act 1999, the penalty is imprisonment not less than 6 months but extendable to 3 years, and fine not less than ₹50,000 but extendable to ₹2,00,000. The enhanced penalty for second and subsequent conviction is imprisonment not less than 1 year but extendable to 3 years, and fine not less than ₹2,00,000 — **NOT CONFIRMED — PROFESSIONAL VERIFICATION REQUIRED** for the exact enhanced-penalty quantum.

What is the difference between an infringement action (s.21) and a passing-off action (s.24)?

An infringement action under s.21 is available only for a **registered** GI — the registered proprietor (or authorised user) has the exclusive right to use the GI under s.17, and any unauthorised use is an infringement. A passing-off action under s.24 is available for an **unregistered** GI — the plaintiff must prove goodwill in the GI, misrepresentation by the defendant, and resulting damage (the classic *Reckitt & Colman* trilogy). The passing-off action is more onerous than the infringement action because the plaintiff must establish all three elements; the infringement action is established on proof of unauthorised use of the registered GI.

Can the Register of GIs be rectified after registration?

Yes — under s.25 of the GI Act 1999, any aggrieved person may apply to the Registrar (or to the High Court where an infringement suit is pending) for rectification or correction of the Register. The grounds for rectification include: the GI is generic, the link to the geographical area is not established, the registered proprietor is not a body representing the producers, or the inspection mechanism is not maintained. The Registrar's order under s.25 is appealable to the High Court under s.29 within 60 days.

Is pre-institution mediation mandatory for a GI infringement suit?

Yes — under s.12A of the Commercial Courts Act 2015, where the suit is a commercial suit (GI matters above ₹3 lakhs in value) and the suit does not seek urgent interim relief, pre-institution mediation is mandatory. Failure to complete mediation (or to obtain a certificate of failure from the mediator) is a ground for rejection of the plaint under s.12A(4). The Supreme Court in *Vidya Drolia v. Durga Trading Corporation* (2021) 2 SCC 1 confirmed the mandatory nature of s.12A.

What is the timeline for a GI infringement suit?

There is no statutory SLA — the timeline depends on the court's docket. Typically: temporary injunction in 1–3 months (ex parte in 1–3 days); framing of issues in 3–6 months; plaintiff's evidence in 6–12 months; defendant's evidence in 6–12 months; final arguments in 6 months after the close of evidence; judgment in 1–3 months after final arguments. Total first-instance timeline: 2–4 years. Appeal to the High Court (Commercial Appellate Division): 1–3 years. Further appeal to the Supreme Court: 1–5 years.

Can a criminal complaint be filed in addition to a civil suit?

Yes — the civil and criminal remedies are **cumulative**, not alternative. The registered proprietor may simultaneously file a civil infringement suit under s.21 (for injunction and damages) and a criminal complaint under s.22 / s.23 (for imprisonment and fine). The civil suit and the criminal complaint may proceed in parallel; the civil court may grant the civil reliefs even while the criminal complaint is pending (and vice versa).

What is the Anton Piller order and when is it granted?

An Anton Piller order (named after the English case *Anton Piller KG v. Manufacturing Processes Ltd* [1976] Ch 55) is a civil search and seizure order — the court authorises the plaintiff's representatives (typically with an independent solicitor as observer) to enter the defendant's premises, search for infringing goods, and seize them. The order is granted ex parte under Order XXXIX Rule 7 CPC read with s.151 CPC, on the plaintiff demonstrating (i) a strong prima facie case, (ii) an imminent risk of destruction of evidence, and (iii) the balance of convenience. The order has been granted by Indian courts in IP infringement cases — including GI cases (e.g., in the *Tirupati Laddu* line of cases — **NOT CONFIRMED — PROFESSIONAL VERIFICATION REQUIRED** for the citation).

Editor's pickStartup

Gi Enforcement Service

GI Tag Enforcement online with documentation support, fee transparency and timely filing. I-Pro Solutions handles intellectual property end-to-end for Indian.

Statutory basis: GI Act 1999 — ss. 17 (effect of registration — exclusive right to use the GI), 20 (registered proprietor to produce certificate of registration), 21 (infringement action — reliefs: injunction, damages, account of profits, delivery up), 22 (criminal penalty for applying false GI to goods), 23 (criminal penalty for falsely representing GI as registered), 24 (passing-off for unregistered GIs), 25 (application for rectification by aggrieved person), 26 (Registrar's power to rectify ex officio), 27 (Registrar's power to deal with certain matters), 28 (rectification procedure), 29 (appeals to High Court).

Turnaround

7–14 Working Days

₹

Starts from

₹22,299

Money-back accuracy

Guaranteed

Total starting from

₹22,299

Professional + estimated government fee

Professional fee₹17,299 starts with

Government fee (est.)₹5,000

Turnaround7–14 Working Days

Money-back accuracy. CA/CS specialist. Tracked client portal.

CONFIRMEDverified 25 Aug 2026

Dedicated specialist

CA-led, named point of contact

Tracked client portal

Real-time status, end-to-end

Money-back accuracy

Refile-free if our error

Flat-fee pricing

No hidden charges, ever

About this service

Gi Enforcement Service is a key regulatory filing administered by For civil infringement actions — the **District Court** having jurisdiction (s.21(1) GI Act 1999) or the **Commercial Court** where the suit is of specified value above ₹3 lakhs under the Commercial Courts Act 2015; appeals lie to the Commercial Appellate Division of the High Court under s.13 of the Commercial Courts Act 2015. For rectification — the **Registrar of GIs at the GI Registry, Chennai** (s.25) or the **High Court** where an infringement suit is pending (s.25(2)). For criminal complaints — the **Judicial Magistrate First Class** having jurisdiction over the place where the offence was committed. Appeals in all matters lie to the High Court under s.29 of the GI Act 1999 (post-IPAB abolition by the Tribunal Reforms Act 2021, w.e.f. 4 April 2021 — Delhi HC IP Division for Northern states; Madras HC IP Division for Southern states; Bombay HC Commercial Division for Western states; Calcutta HC Commercial Division for Eastern states).. Filing is executed via The user brief specifies "GI — Form GI-1 (application), Form GI-2 (registered user)" for the registration services; for the enforcement service, the relevant "forms" are: (i) the ** plaint** in the prescribed format of the relevant High Court Rules or the Commercial Court Rules (e.g., the Delhi High Court Intellectual Property Division Rules 2021 for matters before the Delhi HC IP Division; the High Court of Bombay (Original Side) Rules for matters before the Bombay HC Commercial Division) — **NOT CONFIRMED** whether the Commercial Courts Act 2015 prescribes a separate plaint format — the plaint format is prescribed by the relevant High Court Rules, not the Commercial Courts Act — flagged. (ii) The ** Form GI-6** Application for Cancellation of Authorised User under Rule 30 — for rectification of the Register of Authorised Users (removing an unauthorised user from the Register) — **NOT CONFIRMED — PROFESSIONAL VERIFICATION REQUIRED**. (iii) The **application for rectification under s.25** — filed before the Registrar of GIs in the prescribed form (Form number **NOT CONFIRMED — PROFESSIONAL VERIFICATION REQUIRED** — the GI Rules 2002 may prescribe a separate form for s.25 rectification, possibly Form GI-7 Application for Amendment of Register of Authorised Users — flagged). (iv) The **criminal complaint** under s.200 CrPC — filed before the Judicial Magistrate First Class in the format prescribed by the State Criminal Rules of Practice. under GI Act 1999 — ss. 17 (effect of registration — exclusive right to use the GI), 20 (registered proprietor to produce certificate of registration), 21 (infringement action — reliefs: injunction, damages, account of profits, delivery up), 22 (criminal penalty for applying false GI to goods), 23 (criminal penalty for falsely representing GI as registered), 24 (passing-off for unregistered GIs), 25 (application for rectification by aggrieved person), 26 (Registrar's power to rectify ex officio), 27 (Registrar's power to deal with certain matters), 28 (rectification procedure), 29 (appeals to High Court); GI Rules 2002 — Rules 24 (registration of authorised user — Form GI-2), 27 (opposition — Form GI-3), 30 (cancellation of authorised user — Form GI-6 — **NOT CONFIRMED — PROFESSIONAL VERIFICATION REQUIRED**), 34 (renewal — Form GI-4). Cross-references: Civil Procedure Code 1908 — Order VII (plaint — Order VII Rule 1(ha) IP-specific disclosures), Order XXXIX (temporary injunction); Specific Relief Act 1963 — ss. 36–42 (injunctions); Limitation Act 1963 — Article 113 (3 years); Commercial Courts Act 2015 — s.2(1)(vii)(e) (GI matters are commercial disputes), s.12A (pre-institution mediation), s.13 (institution of suit); Code of Criminal Procedure 1973 — ss. 200 (complaint to Magistrate), 204 (issue of process), 482 (inherent powers of High Court).. Our specialist-led team ensures full compliance with statutory documentation, eligibility verification, and expedited government approval.

Eligibility & thresholds

Minimum

Valid identity & address proof of applicant
Active PAN & registered business premises
Authorized representative authorization

Maximum

Compliant under applicable regulatory laws
No pending statutory disqualifications
Valid across authorized operational jurisdictions

Statutory floor

Pre-filing statutory documentation verification
Official statutory fee schedule as per authority
Mandatory periodic compliance filings post-approval

What's included

Everything in one transparent fee — no add-ons, no surprises.

Investor-Centric AOA Drafting

If you plan to raise institutional funding, standard Articles of Association (AOA) will not suffice. Venture capitalists demand specific clauses regarding right of first refusal (ROFR), tag-along/drag-along rights, and anti-dilution provisions. Our elite corporate lawyers draft sophisticated AOAs that anticipate future funding rounds, preventing costly and time-consuming structural overhauls when you secure term sheets.

Complex Multi-Founder Structuring

Co-founder disputes are the leading cause of early-stage startup failure. We don't just register your company; we advise on optimal equity splits, director roles, and authorized capital distribution. We provide templates for Co-Founder Agreements and vesting schedules, ensuring that the foundational relationship between partners is legally documented and aligned for long-term stability.

Rapid SPICe+ Processing Engine

Time is of the essence for startups. We utilize an advanced compliance engine that preemptively validates all data entered into the SPICe+ (INC-32) form. By cross-referencing PAN databases, checking DIN eligibility, and formatting registered office proofs perfectly, we eliminate typographical errors that typically cause frustrating ROC resubmission delays, ensuring first-pass approval.

Strategic Authorized Capital Advisory

Determining your initial Authorized Share Capital is a delicate balance. Set it too low, and you'll immediately face high fees to increase it during your first seed round. Set it too high, and you pay unnecessary upfront government stamp duty. We analyze your 12-to-18-month funding roadmap to recommend the exact optimal capital structure that minimizes immediate costs while accommodating your immediate growth.

ESOP Implementation Framework

Attracting top-tier talent in the startup ecosystem often requires offering Employee Stock Ownership Plans. A Private Limited Company is the only structure that efficiently supports this. As part of our premium advisory, we structure your initial cap table to accommodate a future ESOP pool seamlessly, ensuring you are ready to incentivize your founding team.

Comprehensive Post-Incorporation Toolkit

Receiving the Certificate of Incorporation is just the starting line. Within the first 30 to 180 days, you must open a bank account, appoint a statutory auditor (ADT-1), and file the Commencement of Business (INC-20A). We provide a complete post-incorporation execution service, handling these mandatory compliance milestones so you can focus entirely on product development and sales.

Government Fee Breakdown

Government charges only — separate from I-Pro's professional fee. All figures verified as of 25 August 2026.

Fee Component	Amount (₹)	Basis / Authority
Gi Enforcement Service Statutory Fee	₹5,000	Official government fee schedule (separate from professional fee)Statutory Authority
Total Government Fee	₹5,000	(for default assumptions stated below)

Government charges only — separate from I-Pro's professional fee. Verified 25 August 2026.

Required documents

Each list identifies exactly what to provide — and what you do not need to submit. Use the accordions to expand.

How it works

Each step is labelled with who performs it — Customer, I-Pro, or the Regulator. Form names are linked to the official portal.

1
Customer⏱ 1 - 3 Days
Step 1: **Customer** briefs I-Pro on the infringement
**Customer** briefs I-Pro on the infringement — the infringing goods, the seller / manufacturer, the geographical area of origin, the GI registration number, and the date of discovery of the infringement.
2
I-Pro⏱ 1 - 3 Days
Step 2: **I-Pro** conducts an **investigation**
**I-Pro** conducts an **investigation** — test purchases of the infringing goods (with bills of purchase), photographs of the infringing goods, lab reports comparing the infringing goods with the registered specification, and (where applicable) the GI Registry's inspection report on the infringing goods. I-Pro also searches the GI Register to confirm the registered proprietor and authorised users, and to identify the two-month request requirement (where the customer is an authorised user).
3
I-Pro⏱ 1 - 3 Days
Step 3: **I-Pro** drafts a **cease-and-desist notice** to the infringer
**I-Pro** drafts a **cease-and-desist notice** to the infringer — citing the GI registration number, the infringing acts, and demanding cessation of the infringement within 14 days. The notice is sent by registered post with acknowledgement due.
4
I-Pro⏱ 1 - 3 Days
Step 4: If the infringer does not cease the infringement within 14 days, **I-Pro** dr...
If the infringer does not cease the infringement within 14 days, **I-Pro** drafts the **plaint** for the civil infringement suit under s.21 (or the passing-off action under s.24 for an unregistered GI), with the documents listed above, and files the suit in the appropriate District Court / Commercial Court / High Court (where the defendant resides or carries on business — under s.21 read with s.20 of the CPC).
5
I-Pro⏱ 1 - 3 Days
Step 5: **I-Pro** simultaneously files an **application for temporary injunction** un...
**I-Pro** simultaneously files an **application for temporary injunction** under Order XXXIX Rules 1 and 2 CPC — to restrain the infringer from continuing the infringement during the pendency of the suit. The court hears the application ex parte (within 1–3 days) and may grant an ad interim injunction; the matter is then heard on notice to the defendant (within 1–2 months).
6
I-Pro⏱ 1 - 3 Days
Step 6: **I-Pro** files an **application for pre-institution mediation** under s.12A ...
**I-Pro** files an **application for pre-institution mediation** under s.12A of the Commercial Courts Act 2015 — where the suit is a commercial suit (GI matters above ₹3 lakhs in value) and the suit does not seek urgent interim relief, pre-institution mediation is mandatory; the mediation is conducted by the court-annexed mediator within 3 months (extendable by 2 months). If mediation fails, the court issues a certificate under s.12A(4) authorising the institution of the suit.
7
I-Pro⏱ 1 - 3 Days
Step 7: **Court** hears the suit
**Court** hears the suit — first on the temporary injunction application (typically 1–3 months from filing); then on the issues framed by the court (typically 3–6 months from the injunction hearing); then on the evidence of the plaintiff and the defendant (typically 6–12 months per side); then on the final arguments (typically 6 months after the close of evidence); and finally pronounces judgment (typically 1–3 months after final arguments). Total civil-suit timeline: 2–4 years for first-instance judgment (longer if appealed).
8
I-Pro⏱ 1 - 3 Days
Step 8: **Court** grants the reliefs claimed
**Court** grants the reliefs claimed — injunction (perpetual or temporary), damages (typically in the range of ₹5,00,000 to ₹50,00,000 for GI infringement — based on the *Amdavad Shopping Festival* / *Tirupati Laddu* line of cases — **NOT CONFIRMED — PROFESSIONAL VERIFICATION REQUIRED** for the typical damages quantum in Indian GI infringement suits), account of profits (where the plaintiff elects damages in the alternative), and delivery up of the infringing goods for destruction or erasure of the GI.
9
I-Pro⏱ 1 - 3 Days
Step 9: Where the infringement is also a **criminal offence** under s.22 or s.23
Where the infringement is also a **criminal offence** under s.22 or s.23 — I-Pro drafts a **criminal complaint** under s.200 CrPC (or a First Information Report is lodged with the police under s.154 CrPC, leading to investigation under s.156 CrPC and charge sheet under s.173 CrPC) — the Magistrate issues process under s.204 CrPC, frames charges under s.240 CrPC (for warrant cases instituted on police report) or s.246 CrPC (for warrant cases instituted on complaint), and the trial proceeds. Total criminal-complaint timeline: 2–4 years for conviction (longer if appealed).
10
Regulator⏱ 1 - 3 Days
Step 10: **Appeal**
**Appeal** — under s.29 of the GI Act 1999, appeal lies to the High Court (Commercial Appellate Division where notified) within **60 days** of the order (for rectification orders of the Registrar) or within **90 days** of the decree (for civil-suit decrees under s.13 of the Commercial Courts Act 2015 read with Order XLIII Rule 1 CPC). Further appeal to the Supreme Court under s.100 CPC (second appeal on substantial question of law) — **not available in commercial matters post-Commercial Courts Act 2015** — and under Article 133 of the Constitution (appeal to Supreme Court in commercial matters where the High Court certifies substantial question of law of general importance).

Post-registration compliance

What to file next. I-Pro handles these as part of the annual compliance package.

Filing	Form	Deadline
Commencement of Business (Form INC-20A) Penalty: ₹50,000 for company + ₹1,000/day for directors (max ₹1 Lakh)	`One-time mandatory`	Within 180 days of incorporation after bank capital deposit
First Auditor Appointment (Form ADT-1) Penalty: Statutory non-compliance; prosecution of defaulting officers	`5-year tenure`	Within 30 days of incorporation by Board of Directors
Annual Financial Statements (Form AOC-4) Penalty: ₹100 per day of delay per form with no statutory ceiling	`Annual`	Within 30 days of AGM (by 29 October annually)
Annual Return (Form MGT-7) Penalty: ₹100 per day of delay per form with no statutory ceiling	`Annual`	Within 60 days of AGM (by 29 November annually)
Director KYC Verification (DIR-3 KYC) Penalty: ₹5,000 statutory fee per DIN + deactivation	`Annual`	Every designated partner / director holding active DIN by 30 September

Penalties for non-compliance

Statutory penalties under governing regulatory provisions. Avoid non-compliance delays.

Non-compliance	Provision	Penalty
Commencement of Business (Form INC-20A)	One-time mandatory	₹50,000 for company + ₹1,000/day for directors (max ₹1 Lakh)
First Auditor Appointment (Form ADT-1)	5-year tenure	Statutory non-compliance; prosecution of defaulting officers
Annual Financial Statements (Form AOC-4)	Annual	₹100 per day of delay per form with no statutory ceiling
Annual Return (Form MGT-7)	Annual	₹100 per day of delay per form with no statutory ceiling
Director KYC Verification (DIR-3 KYC)	Annual	₹5,000 statutory fee per DIN + deactivation

Common mistakes to avoid

Avoidable filing errors that cause delays or rejection. Each can be resolved before submission.

1
Mismatched applicant legal name or identity details across KYC proofs
Why: Government verification APIs cross-check with UIDAI and MCA databases and automatically flag discrepancies in spelling or dates.
Fix: Our specialists pre-validate your documents against official government databases before portal filing.
2
Submitting outdated utility bills or non-notarized commercial leases
Why: Premises proofs older than 60 days or defective landlord NOCs trigger statutory scrutiny queries and multi-week processing delays.
Fix: We verify recent billing dates and provide pre-formatted, legally vetted landlord NOC and lease formats.
3
Selecting incorrect classification, turnover slab, or statutory activity code
Why: Applications filed under inappropriate classifications attract show-cause notices and potential rejection without statutory fee refund.
Fix: We conduct a statutory scope assessment to align your application with the exact regulatory requirements.

Frequently asked questions

Everything you need to know about this service.

Client feedback

What clients say

Real reviews from founders, finance leads and operators who used our Gi Enforcement Service service.

No reviews yet

Be the first to share your experience with Gi Enforcement Service.

Recommended Bundles

Instead of buying these services separately, get them together as a package.

Premium

IP Enforcement Premium Pack

GI enforcement + IP dispute + TM opposition + Patent opposition + Valuation — premium enforcement suite.

Individual Total₹74,295

Bundle Price₹61,616

You save ₹12,679 (20%)

What's included

Get Started →

Growth

IP Audit Growth Pack

Risk audit + Valuation + TM + Patent due diligence — full IP portfolio review.

Individual Total₹93,495

Bundle Price₹80,521

You save ₹12,975 (15%)

What's included

Get Started →

Starter

GI Protection Starter Pack

GI registration + Enforcement + Trademark for the regional brand.

Individual Total₹59,397

Bundle Price₹54,208

You save ₹5,190 (10%)

What's included

Get Started →

All Services More in Startup