New Trademarks Rules, 2017 introduced in India
March 7, 2017 10:23 IST
The Indian Government on 6 March 2017 introduced new Trademarks Rules, 2017 to replace the old Trademarks rules 2001, fees and the entire registration procedure. Major changes under the new rules are as follows;
- Fee for trademark filing has been increased from ₹4,000 to₹4,500 (for individual applicants, SMEs and Startup companies) & ₹9,000 (for other companies). An additional fee of 10% will be levied if filed in physical paper forms.
- Much expected TRUE expedited examination system for trademark is now available for an additional fee of ₹20,000 (for individual applicants, SMEs and Startup companies) & ₹40,000 (for other companies). Under the new expedited examination, the application will be treated specially until the final disposal of the application.
- Now it is mandatory to submit the statement of user together with an affidavit to that effect and the proof of use at the time of application filing itself, if claiming use in the application.
- Applicant must provide their address for service in India, phone number and email address in the application. The registry will now also send all communications related to the application in electronic mode for speedy disposal.
- Renewals may be paid anytime within 1 year before the expiration date of the registration as against the earlier 6 months time period. Also, renewals falling due before the actual date of registration may be paid within 6 months from the date of registration.
- Procedure for filing application for and determination of well-known status of trademarks has been introduced. Now the registrar shall publish the list of trademarks determined as well-known in the trademarks journal.
- Total number of adjournments available in opposition proceedings is restricted to two per party for speedy disposal of opposition matters.
- The registrar may appoint hearing in relation to any proceedings under the trademarks act through video conferencing facility or using any audio-visual communication devices.
- Eight comprehensive forms have replaced the existing seventy trademark office forms.
Due to recent revamps at the registry, the time period for issuing examination report has been largely reduced from 14 months to 2 months from the application filing date. With the introduction of new and updated procedures, the IP India is steadily advancing towards facilitating simplified and time bound trademark registration process.
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