DIPP Proposed Comprehensive Revision to the Trademark Rules
November 21, 2015 16:50 IST
The Indian Government, on 19 November 2015, published the draft Trademark Rules, 2015 to replace the existing Trademark Rules, 2002 and to introduce a 100% hike on all fees payable in respect of trademark registrations. Following are the major changes proposed under the new trademark rules;
- Expedited Examination System will become truly expedited up till the final disposal of the trademark application. Currently expedited examination request cases are processed expeditiously only till the issuance of the first examination report.
- Trademark office fee for filing an application for trademark is proposed to increase from ₹4000 to₹8000 and the fee for renewing a trademark from ₹5000 to ₹10000, respectively.
- To promote e-filing, an additional fee of 10% is proposed for all filings in physical/paper format.
- Trademark applications claiming use must submit an affidavit testifying the use and supporting documents together with the application.
- Six comprehensive forms are expected to replace the current seventy simple trademark office forms.
- Renewals falling due before the actual date of registration of trademark may be paid within 6 months from the date of registration.
The draft rules are open for public comments until 17 December 2015 and the final rules are expected to be published and become effective in the third quarter of 2016.
*****
UPDATE: The last date for submitting comments has been extended to 1 January 2016.
For any feedback/query contact us
