Trademark Rules 2017

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The Trademark Rules, 2017 have come into force from today, 6th March, 2017. The new Rules published by the Department of Industrial Promotion and Policy(DIPP) today afternoon would replace the Trademark Rules, 2002.  The amended Rules aim at simplifying the registration procedure, with fewer forms and improved online filing process.
A few key highlights of the Trademark Rules, 2017 are listed below:

Official Fees:

The new Rules have substantially hiked the trademark registration costs in India. The revised costs for certain specific actions have been given below:

  1. For filing a new application on behalf of a Company or trust or partnership: Rs 10,000
  2. For filing renewal application: Rs 10,000
  3. For recording an assignment: Rs 10,000
  4. For adding a person as a registered user: Rs 5,000
  5. For extension of time, certified copy of registration certificate or duplicate registration certificate: Rs 1,000
  6. For expedited processing of an application: Rs 40,000
  7. Handling fees for Madrid Applications: Rs 5000

Start Up Discounts:

The News rules offers 50% discounts on the official fees to the individuals, start-ups and small enterprises for new applications as well as for filing applications for expedited processing.

Concession on Online filing:

With the objective of increasing online filings, 10% discount on official fees has been given to applicants who are filing the applications or forms online.

 Expedited processing of applications:

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

Well-Known Marks:

Rule 124 allows any interested person to file an application (Form TM –M) to declare a mark as well-known mark. On receipt of any such application the Registrar shall determine whether the mark is well-known or not based on the provisions of Section 11 (6) to Section 11(9) of the Trademarks Act, 1999. Additionally, prior to making a decision, the Registrar must invite objections from general public.

Video Conferencing:

The new Rules direct the Registrar to conduct show cause/ opposition hearings through video conferencing.
We will be writing a detailed post on the changes brought in by the Trademark Rules, 2017 shortly.
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