NEW DELHI - The Department of Industrial Policy and Promotion, affiliated to the Ministry of Commerce and Industry in India has issued a notification on March 6, 2017 stipulating that the new amended trademark rules entered into force effective March 6, 2017.
The new Trade Marks Rules simplified the processes, by introducing fewer forms, and gave preference to online filings.
The major changes under the new rules are summarized as follows:
1. The official fees have been increased, almost doubled. Incentives on application fees have been provided for Individuals, Startups and Small Entities.
Further, to encourage online filing of applications, a 10% fee concession will be offered.
2. The number of forms used for filings various applications has been reduced to only 8 forms, which are as follows:
a)TM A - Application for registration of any good/services
b)TM M - Request for any amendment in application, grounds of decision, expedite examination, request for inclusion of a mark as well-known, authorization of an agent etc.
c)TM R - All Renewal related matters
d)TM C - Application for Search and issuance of Certificate
e)TM O - All opposition matters
f)TM P - Applications to dissolve association, assignment; amendment for description of goods/services, etc.
g)TM U - Application for Registered users, etc.
h)TM G - Applications related for Trade mark Agent
3. The DIPP will now maintain a list of well-known trademarks. Any person can now request the Registrar for determination and adding their marks as well-known trademarks by paying the prescribed fees accompanied by a statement of case along with the evidences and documents.
4. The number of adjournments has been restricted to two in the opposition proceedings by each party to help dispose matters speedily. Each adjournment shall not be for more than thirty days.
5. An option of conducting hearings through video conferencing has been introduced.
6. A provision for expedited process of an application has been introduced, under which the applicant may request for expedited processing of application by paying the prescribed fees, to which the application shall be examined within three months of filing such request. The following proceedings shall also be dealt with expeditiously subject to the guidelines decided by the Registrar, which shall be published in the trademarks Journal.