The Government of India on 6th march 2017 replaced the Trademark Rules, 2002 with the Trademark Rules 2017 to streamline the process for trademark registration in India. The new rules reduces the Trademark forms and simplifies the number of trademark filling process , while increasing the government filling fees substantially for corporate entities application in India .

Some salient features of the revamped Rules are as follows:

1.The number of Trade Mark Forms have been reduced from 74 to 8.

2. To promote e-filing of application, the fee for online filing has been kept at 10% lower than that for physical filing.

3. Revised trademark fees would be as follow-

a) For trademark Registration-

E-filling -For individual/ startup, small business- Rs 4500/-

And for others- Rs 9000/-

Physically filling- For individual/ startup, small business -Rs 5000/-

And for others- Rs 10.000/-

b) For notice of opposition or application for rectification of register

E-filing- Rs 2700/-

Physical filling-Rs 3000/-

c) For Renewal–

E-filling- Rs 9000/-

Physical filing- Rs 10,000/-

d) For Restoration

E-filling- Rs 18,000/-

Physical filing- Rs 20,000/-

e) For Search Certificate

E-filing -Rs 9000/-

Physical filing- Rs 10,000/-

4. Expedited Process for Trademark Registration- The government fee for expedited trademark processing is Rs 20,000/- for individuals, start-ups and small enterprises. For other enterprises, the fee for expedited trademark processing is Rs 40,000/-

5. Modalities for determination of well-known trademarks have been laid out for the first time.

6.Modalities for service of documents from applicants to the Registry and vice-versa through electronic means have been introduced to expedite the process.

7. E-mail has been made an essential part of address for service to be provided by the applicant so that the office communication may be sent through email.

8. Hearing through video conferencing has been introduced.

9. 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.

10. Procedures relating to registration as Registered User of trademarks have also been simplified.

As discussed above, this new Rules would definitely give a boost to the Intellectual Property Regime in India.

For any further clarification contact us at info@centrik.in or 011-46074008

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