The new Trade Mark Rules 2017 has come into effect on 6th March 2017 replacing the erstwhile Trade Mark Rules of 2002. The most important highlights are as follows:
- There has been a hike of 100% or more in the official fee for almost all matters.
- The number of forms has been reduced from 75 to 8.
- The official fee for filing trademark applications has been hiked from Rs. 4,000 to Rs. 10,000 for large entities.
- For Individuals, Start-ups and Small Enterprises the official fee for filing will be Rs. 5,000.
- The official fees for online filing of applications is 10% lower than physical filing and fixed at Rs. 9,000 for large entities and 4,500 for Individuals, Start-ups and Small Enterprises, with a view to encourage more online filings.
- No fees is payable for the excess characters over 500 in the specification of goods/ services. However in case an application for registration is filed for all the goods or services or a large variety of goods or services in a class, the Registrar may refuse to accept the application unless he is satisfied that the specification is justified by the use of the trademark which the applicant has made or intends to make if and when it is registered.
- Association fees has been removed.
- For the first time, it has been made possible to include a mark in the list of well-known trademarks by way of filing an application with the respective fees for the same. Once a mark has been determined as well-known, it will be included in the list of well-known trademarks maintained by the Registrar.
- E-mail has been made essential for office communication.
- The provision under the earlier Rules providing for extension of time for filing evidence in opposition proceedings has now been done away with. Therefore the evidence is to be filed within the prescribed period failing which the opposition/application will be deemed to be abandoned.
- The number of adjournments for Opposition proceedings has been restricted to two per party.
- Hearing through videoconferencing has been introduced.
- Under the earlier Rules, the expedited process ended with the mere examination of the application. The present Rules make the expedited processing of an application cover the entire process till final disposal of the application.
- A registered trademark can now be renewed within one year before the expiry as opposed to 6 months under the previous Rules.
Please contact us if you have any specific query.