The Ministry of Commerce and Industry, through its Department for Promotion of Industry and Internal Trade, issued a notification on January 2nd, 2024, regarding the draft rules to amend the Trade Marks Rules, 2017. Published in the Gazette of India, this notification invites public feedback and suggestions on the proposed changes.
An Overview of the Draft Amendments
Draft Rules Introduction: The draft rules, named the Trade Marks (1st Amendment) Rules, 2024, are set to be enacted following their publication in the Official Gazette. They aim to introduce significant updates and clarifications within the current trademark regulatory framework.
New Definitions and Provisions: The amendments propose the addition of new definitions including “Adjudicating Officer,” “Appellant,” and “Appellate Authority,” in the Trade Mark rules.
Electronic Communication: A notable update is the stipulation that all communications in Chapter VII A are to be considered as communicated electronically, primarily via text message or email.
Adjudication Process: The introduction of Chapter VII A, titled “Adjudication of Certain Penalties under Jan Vishwas Act,” outlines the process for lodging complaints regarding contraventions or defaults, the appointment of Adjudicating Officers, and the ensuing inquiry and penalty imposition procedures.
Inquiry and Penalties: Detailed procedures for summary proceedings, appointment of Adjudicating Officers, their powers, and the process for appeal against their orders are elaborated. This includes methods for the service of notice, submission by the opposite party, and the inquiry process, culminating in the imposition of penalties or compensation.
Appeals Process: The draft rules specify the form and manner for filing appeals against the decisions of Adjudicating Officers, the registration of such appeals, and their disposal by the Appellate Authority.
Submission of Comments
The last date for submission of Comments and Suggestions is February 9th, 2024. Any persons wishing to submit Comments/Suggestions may address them to the Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, Vanijya Bhawan, New Delhi- 110001 or by e-mail at [email protected].