New Indian Trademark Registration Rule 2017

Before we discuss the new trademark registration rule, let’s see what the trademark is? A trademark can be a name, word, symbol or device which helps business or trade to make their goods stand out from the rest. Service marks, however, differ from trademarks in the fact that the source is a service and not a product. Hence, it helps to identify and distinguish the source of that service.

New trademark registration rule came into existence with effect from 6 March 2017.  It streamlines and simplifies the entire process for Indian Trademark registration. This would in turn help to accelerate the process of trademark registration in India and make it hassle-free at the same time.

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Features Of Trademark Registration Rule 2017

Here are some of the features of the new Indian trademark registration rule 2017 which are as follows:

Key Highlights:

  • Categorization of Applicant and Fees (An individual, Start Up, Small Enterprise)
  • Increase in Official Fees
  • Reduction in Forms from 75 to 8
  • E-Communication for Faster Processing
  • Request for Well Known Trade Marks
  • Illustration of Sound Mark as Trademarks
  • Expedited Registration Process
  • Provision for Hearing through Video Conferencing
  • Limited Adjournments
  • Renewal of Registration

Reduction In The Number of Forms

According to this rule, the number of forms reduces. Earlier there are total 74 forms. but now they are reduced to 8. The forms are  TM-A, TM-M, TM-C, TM-R, TM-O,  TM-P, TM-U and TM-G.

Promoting E-Filing

For every kind of application, the fees for filing the application through e-filing portals shows a 10% reduction from the fee indicated in the physical filing segment.

Reduction in Fares of Small Business/Startups/Individuals

There has a substantial amount of rebate of approximately 50% is provided to individuals, start-ups, and small enterprises as compared to others.  The New Trademark Rules, 2017 properly define a start-up and a small enterprise, something which was non-existent in the Rules of 2002.

The Expedited Process of Applications

Rule number 34 provides that an Applicant can file a petition to expedite the registration process of an application which means an expedited examination, consideration of the response to examination report by the TM Office, scheduling of show cause hearing, publication and the opposition thereto.

Increase in Official Fees

There is a hike in the fees of trademark registration applications and the allied applications. Below are the revised cost of the certain specific actions:

  • For filing a new application on behalf of a Company or trust or partnership: Rs 10,000
  • For filing renewal application: Rs 10,000
  • Recording an assignment: Rs 10,000
  • Adding a person as a registered user: Rs 5,000
  • For extension of time, a certified copy of registration certificate or duplicate registration certificate: Rs 1,000
  • Expedited processing of an application: Rs 40,000
  • Handling fees for Madrid Applications: Rs 5000

Well Known Marks

The afresh law provides provisions for determining and declaring a trademark as “well-known”. Anyone can make a request to enlist the mark as a well-known mark with the statement of the case, admissible evidence, and documents. Rs. 1,00,000 is the government fees for the same. Before determining a well-known trademark the Registrar is eligible to invite objections from the general public to be filed within 30 days from the date of the invitation.

Video Conferencing

According to the Trademark Rules introduced in 2017, a hearing could be conducted via video conferencing or any other audio-visual mode of communication and shall be deemed to have taken place at the appropriate office. This indeed is a very noticeable measure to increase efficiency.

E-communication and E-mails

The Trademark Registration office has now recognized e-mail as the official mode of communication. The message sent by e-mail will be considered a complete service. It is not mandatory for the department to serve the documents via a post. This is an affirmative measure that will increase the speed of the Indian Trademark Registration process.

Provision of Sound Marks

The Indian Trademark Registration Office does accept sound marks under the Rules of 2002 but isn’t specifically mentioned anywhere. The new Rules of 2017 now specifically mention the complete procedure for filing a sound mark. The representation of the sound mark that is to be trademarked should be mandatorily submitted in an MP3 format not exceeding 30 secs along with the mark’s graphical representation in its notation.

Renewal of Registration

An application for the renewal of the trademark registration will be made in new Form TM-R. Also along with the prescribed fee. Such renewal of a mark should be 1 year prior to the expiration of its registration. whereas in the Repealed Rules it was 6 months prior to the expiration of the registration.

Conclusion

The trademark registration rule has more emphasis on the digital fillings and communication. It helps to make the process of registration and renewal easier and faster than earlier. You can refer to Intellectual Property India- PDF

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By |2018-10-29T07:56:44+00:00June 29th, 2018|Trademark Registration|

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