TRADEMARK RULES IN INDIA – UPDATES IN 2017

TRADEMARK RULES IN INDIA – UPDATES IN 2017

The trademark rules coined in the year 2002 were refined this year after inviting objections and suggestions surrounding them through a notification by the Government of India. Finally, the new set of trademark rules that are devised with an objective of expediting the whole trademark procedure are implemented and out. Here is run down the major updates in the rules and regulations relevant to trademarks.

DECREASE IN APPLICATION FORM TYPES
Earlier there used to be umpteen categories with around 74 forms. But, this year the number of forms are significantly reduced and now the available types include on 8 numbers. This is apparently, the highlight of the update. Less confusion, less fuss, more speed.

NEW APPLICATION CATEGORIES
This is one of the most significant modifications in the trademark rules since 2002. Now, there are only two categories for applications –
1. Start up / Small Enterprise / Individual
2. Others
Startup is an enterprise where in Investment in plant and machinery does not exceed 10 crores in a manufacturing company and investment equipment does not exceed 5 crores in a service based company or a small enterprise registered 5 years before with a turnover not exceeding 25 crores. A Startup must get certified by the Inter-Ministerial Board as well.

INCREASE IN APPLICATION FEES
The application or processing fees for trademark application have been doubled as on 2017. Though, a 10% discount is applicable for online applications.

SPEEDY PROCEDURE
The Government has made new provisions for expediting the process of trademark registration. This includes fast tracking all the steps from examination to review, hearing appointments, and more until the final registration.

HEARING VIA VIDEO CONFERENCING
Going digital, the government will now be hearing all the trademark applications via video conferencing or any other type of audio-visual communication at the respective offices.

RENEWAL TIME EXTENSION
The renewal period which was earlier 6 months has been extended to 1 year. Thus, renewal can be done within 1 year of expiry of the registration.

ZERO EXTENSION FOR EVIDENCE FILING
The time for filing evidence with respect to a trademark cannot be extended any further from now onwards. Earlier, one could extend the filing period by one month on paying a pre-decided amount for the same.

ADJOURNMENT LIMIT SET
The adjournment limit is now set by the government to only 30 days max and cannot be exceeded.

ASSIGNMENT FEES FIXED
As per the new regulations an assignment fee of 9000 INR is payable irrespective of the date of the assignment. So same fee is applicable for assignment requests made within 6 months or 12 months.

Well, all the said changes and more have been devised with an objective of speeding up the entire procedure of trademark registration without much of a hiccups for the applicants as of now

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