The Government of India, more exactly The Department of Industrial Policy an Promotion (DIPP), announced immense changes to the Trademark Rules which have come into effect on the 06 March 2017. These Rules replace the previous Trademark Rules from 2002 (Repeald Rules).
Revised Trademark Rules bring immense changes
The new Trade Mark Rules bring about two major advancements. The first development ist, that they slash the number of trademark application forms from 74 to 8. In addition they raise the fee for trademark applications from Rs. 4,000 to Rs. 10,000. In order to promote e-filing of trademark applications, the fee therefor has been fixed at Rs. 9,000.
Moreover, it is important to mention that the fee for small enterprises and start-ups has been reduced from Rs. 8,00 to Rs. 4,500. The following table enclose the improved costs for certain actions under the Rules:
|For recording an Assignment||Rs. 10,000|
|For adding a person as a registered user||Rs. 5,000|
|For extension of time, certified copy of registration certificate or duplicate registration certificate||Rs. 1,000|
|For expedited processing of an application||Rs. 40,000|
|Handling fees for Madrid Applications||Rs. 5,000|
Another important point is that the DIPP has extended the ambit of accelerated processing of an application, from examination to registration stage. It should not be forgotten that hearing through video conferencing has been received. Furthermore the number of interruptions in opposition proceesdings has been confined to a maximum of two by each party.
By Rule 18, communications sent by Trade Mark Office through email will be define as completed service.
Relevant Changes to the Rules:
1. Increase in Official Fees
The New Rules provide for a 25% increase in trade mark application fee in case of an individual / start-up / small enterprise applicant. For other applicants, the trade mark application fee has increased by 150%.
2. Registration of Well-Known Marks
A trademark owner can now seek to have his mark to be declared “well-known” in India by submitting evidence in support thereof, for the Registry’s consideration.
3. Statement of Use
If a trademark application is being filed with a claim of use, the Applicant will be required to submit an Affidavit together with evidence in support of use of the mark in India.
4. Expedited Examination
An Applicant can request an expedited examination of the application, at any stage of prosecution, by paying additional fees.
5. Sound Mark
A sound mark can now be applied for by submitting the sound mark by way of MP3 format, together with a graphic representation of the relevant sound notes.
6. Renewal of Marks
A renewal application can now be filed one year before the expiry date, as opposed to 6 months previously stipulated by the repealed rules.
7. Association and Excess-character fees
There is no longer a requirement to pay association fees, nor excess character fees, under the new Rules.
The New Rules are surely a step towards expeditious trade mark registration process in India.