The Trademark Rules, 2017

The Trademark Rules, 2017 have been notified by Ministry of Commerce & Industry to come into effect from 6th March, 2017. These Rules will replace the earlier Trade Mark Rules, 2002.

Key features of the Trademark Rules, 2017 are:

  • Number of Trade Mark (TM) Forms have been reduced to 8 from the existing 74.
  • The fee for online filing has been kept at 10% lower than that for physical filing, to promote e-filing of TM applications.

Some of the other features are as follows:

  • The fees for Individuals, Start-ups and Small Enterprises have been reduced from that proposed in the draft Rules i.e. only Rs 4,500 as against Rs 8,000 for e-filing of TM applications proposed at the draft stage.
  • The number of adjournments in opposition proceedings has been restricted to a maximum of two by each party, which will help dispose off matters in time.
  • For the first time, modalities for determination of well-known trademarks have been laid out.
  • The provisions relating to expedited processing of an application for registration of a trade mark have been extended right up to registration stage (hitherto, it was only up to examination stage).
  • Overall fees have been rationalised by reducing the number of entries in Schedule I from 88 to just 23.
  • The Modalities for service of documents from applicants to the Registry and vice-versa through electronic means have been introduced to expedite the process; e-mail has been made an essential part of address for service to be provided by the applicant or any party to the proceedings so that the office communication may be sent through email.
  • Hearing through video conferencing has been introduced.

For Detailed Information: http://www.ipindia.nic.in/writereaddata/Portal/News/312_1_TRADE_MARKS_RULES_2017__English.pdf

 

Disclaimer: The entire content of this document have been prepared as per the information existing at the time of the preparation. The author of this blog does not take any responsibility of the same.