Does the Indian Government increase Trademark fees by 100%?!

Veröffentlicht am: 17. March, 2016

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According to our indian colleagues Selvam and Selvam the Indian Government could increase Trademark fees by (over) 100%! This can be blamed on the proposed Amendments To Indian Trademark Law, November 19, 2015.

Smt. Nirmala Sitharaman, the Minister of State (Independent Charge) in the Ministry of Commerce & Industry, stated in a written reply to the Lok Sabha (the lower house of the Parliament) that the Government has proposed to replace the existing Trade Marks Rules 2002 by the Trade Marks (Amendment) Rules, 2015. If this happens, we’ve highlighted you the most important impacts of this renewal:

  • The number of Trade Marks Forms will be reduced. (Currently 78 forms (!) )
  • All out dated and redundant provisions in the existing Trade Marks Rules will be removed.
  • To encourage and promote Trademark applications via Internet, the E-Filing will be about 10% cheaper than physical filing.
  • Introduction of electronic means as mode of service of documents between the Applicants and the Registry in order to expedite the process.
  • The existing Trade Marks Rules incorporate provisions for expediting the processing of an application for trademark registration only up to the examination stage. The new Amendment Rules propose on extending these provisions for expedite processing up to the registration stage.
  • Introduction of modalities for determination and maintenance of the list of well-known trademarks.
  • Simplified procedures regarding registration of Registered Users of Trademark.
  • Cost-Increase for filing of trade mark applications.

Trademark_Amendment_India_2015_Fee_Changes

The Government is continuing to take comments and suggestions from stake holders.
Selvam advises that this would be the best time for clients to review their trademark portfolio in India and decide to file any new applications or proceed with renewals that can be filed for files falling due for renewal in the next six months.
Source: Article at www.selvamandselvam.in

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