completely new Trademark Rules, 2017: The 10 Most Notable adjustments
- August 1, 2017
- Posted by: marlenedubois
- Category: CPR Training
The Ministry of Commerce along with also Industry of the Government of India has recently updated the Trademark rules. The completely new Trademark Rules, 2017 came into effect via a Govt. notification on March 6th along with also will replace the Trademark rules, 2002.
Among the notable adjustments made, the process of filing for a trademark has been simplified however at the same time, the fees for filing a trademark have been hiked significantly, while producing concessions for individuals, Startups along with also modest enterprises.
Here is actually a list of the most notable adjustments made within the completely new Trademark Rules:
- Trademark application process simplified: Under the completely new rules, the process of filing a trademark application has today been simplified. Accordingly, the 75 separate forms along with also applications which were employed earlier for carrying out various tasks have today been replaced by 8 consolidated forms, thereby streamlining the whole filing process.
- Fees for filing a trademark hiked to 150%: The application fees for trademark registration have been raised to 150% of the previous rates. The completely new fees for a trademark application are today Rs. 10,000. This kind of is actually noteworthy here in which E-filing of Trademarks has been incentivised through a special rate of Rs. 9,000 as fees for a trademark application when filed online. However, a special rebate of 50% has been given to Individuals, Startups along with also modest Enterprises.
- Individuals, Startups along with also modest Enterprises get concession in Trademark fees: Significant concession has been given to individuals, startups along with also modest enterprises filing for a trademark. For qualifying startups, individuals along with also modest enterprises, the completely new Trademark fees are Rs. 5,000 along with also Rs. 4,500 for physical filing along with also E-filing respectively.
modest Enterprises along with also Startups defined: For the purpose of the above-mentioned concession, modest enterprises along with also startups have been defined within the completely new rules, as follows:
A modest enterprise is actually an enterprise engaged within the manufacture or production of goods, where the investment in plant along with also machinery does not exceed the limit of Rs 10,00,00,000 along with also in case of an enterprise engaged in providing or rendering of services, where the investment in equipment is actually not more than the limit of Rs 5,00,00,000.
A startup means an entity, incorporated or registered in India, not prior to several years, with annual turnover not exceeding INR 25,00,00,000 in any preceding financial year along with also working towards innovation, development, deployment or commercialization of completely new products, processes or services driven by technology or intellectual property. However, if any entity formed by splitting up, or reconstruction, of a business already in existence, This kind of will not be considered as a startup along with also also, an entity shall cease to be a Startup if its turnover for the previous financial years has exceeded INR 25 crore or This kind of has completed 5 years by the date of incorporation/ registration. A Startup needs to obtain certification by the Inter-Ministerial Board.
- Expedited process for Trademark Registration: According to the completely new rules, the Government has introduced an expedited process for Trademark registration under Rule 34. This kind of provision is actually only available for E-filing of the application. The Government fees for expedited processing of trademark application are Rs. 20,000 for individuals, startups along with also modest enterprises, along with also Rs. 40,000 for all others.
- Fees for Opposition, Rectification along with also Renewal of Trademark also hiked: Government fees for notice of Opposition or application for Rectification have been hiked along with also are today Rs. 3,000 along with also Rs. 2,700 respectively for physical filing along with also E-filing. The fees for Trademark renewal have also been raised to Rs. 10,000 along with also Rs. 9,000 respectively for physical filing along with also E-filing.
- Applicant’s Affidavit will be required to claim ‘use’: Under the previous rules, This kind of was the Examiner’s discretion to call for Affidavit claiming the use of a particular mark. However, the completely new Rules have made This kind of mandatory for the Applicant to file an Affidavit along with the supporting evidence to claim use of the mark. Therefore, if an application is actually to be filed claiming usage in India, an affidavit with evidence of use has to be submitted along with the application.
- Sound marks too can today be registered: The completely new Trademark Rules provide for filing applications for sound marks, which must today be submitted in an MP3 format, not exceeding 30 seconds in length. This kind of is actually also to be accompanied having a graphical representation of the sound notations. In This kind of regard, the definition of “graphical representation” has also been revised to include representation in digitized form.
- Request to enlist as Well Known mark: Under Rule 124, any person can make a request to enlist their mark as a well-known mark along with statement of case, evidence along with also documents. The fees for the same is actually Rs.1,00,000/- (around USD 1400).
- Reduced Adjournments: Under Rule 50, during an opposition hearing, a party is actually not entitled to ask for more than two adjournments. This kind of will reduce the time for decision in cases substantially.