Key Highlights of Newly Notified Trademark Rules 2017

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The New Trademark Rules 2017 came into effect on 6th March 2017, these are the Rules, which replace the erstwhile Trademark Rules 2002, will streamline and simplify the processing of Trademark applications.

The Salient features of the Updated Trademark Rules are:

  1. The Number of Trade Mark Forms {TM} has been reduced from a total of 74 to just 8 forms.
  2. To promote E-filling of Trademark Application and the process of Digitalization, the fee for online filing is 10% less than the fees of physical filling of all trademark application in every category.
  3. The fees for the filing of Trademark Application has been fixed at Rs 4500 for E-filling and Rs 5000 for physical filling, to promote start-ups and to provide relaxation to small enterprises and individuals.
  4. For the remaining cases, the Application fee is fixed at Rs 9000 for E-filling and Rs 10,000 for physical filling.
  5. Start-ups are further categorised as those entities which:
  • Are in existence for not more than 5 years
  • Have annual turnover of not more than Rs 25 crore in any preceding financial year
  • And are working towards development, deployment or commercialization of the new product, process or services driven by technology or intellectual property.
  1. Small enterprises are categorised are entities where:
  • The investment is more than 25 lakh and less than 5 crore rupees. (in case of enterprises engaged in the manufacturing of production of goods)
  • The investment is more the 10 lakh and less than 2 crore rupees. (in case of enterprises engaged in rendering of services).
  1. The provision for the induction of a Trademark in the list of well-known Trade Mark has also been introduced for the first time under these rules upon payment of Rs. 1, 00,000 per mark.
  2. The government feed for Expedited processing for Small enterprises, startups and individual is at Rs 20,000 and for others is Rs 40,000. Although, expedited processing is only available to those who will fill the Application through E-filling mode.
  3. Certification and Transmission of international Application to International Bureau with MM2(e) is not allowed through Physical filling.
  4. Overall fees have been rationalised by reducing the number of entries in Schedule I from 88 to just 23.
  5. Email has been made an essential part of an address for service of the notice.
  6. Service of documentations through Electronic means has also been introduced to expedite the process of Registration.
  7. Request for expedited Search and Issuance of Search Certificate within 7 working days upon payment of Rs. 30,000.
  8. 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.
  9. Any change in the entry in the register of Trademark Agents will cost Rs. 900 per entry.
  10. Assignment and transfer of trademark will be costlier.
  11. Trademark including additional trademark will cost Rs 9000
  12. Every Application for Trademark agent under rule 147 and 149 will be accompanied by fees of Rs. 4,500.

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