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INTRODUCTION OF TRADE MARK RULES, 2017

The Trade Mark Rules, 2017 have been notified by the Department of Industrial Policy and Promotion with effect from 06th March, 2017. These new Trade Mark Rules, 2017 have replaced the erstwhile Trade Mark Rules 2002. The new rule is introduced by the Central Government to simplify the registration of trade mark process and to expedite the overall process of trade mark.

The following are some of the salient features of new rules, "Trade Mark Rules, 2017":

  • The Trademark Rules 2017 has specified the Applicants for the purpose of the Trademark Application in two categories, Individuals/ Startups/ Small Enterprises and Others.
  • Number of Trade Mark (TM) Forms has been reduced from 74 to 8.
  • The fees for filing trade mark have been increased to Rs. 5000 for Individuals, Start-ups and Small Enterprises and Rs. 10000 for others from the fee of Rs. 4000.
  • Overall fees were rationalized by reducing the number of entries in Schedule 1 to 23 from 88.
  • To promote e-filing of TM applications, the fee for online filing has been kept at 10% lower than that for physical filing.
  • Under Rule 124 any person may request the Registrar in a prescribed form along with prescribed fee for the determination of well known trademarks along with statement of case, evidence and documents. The fee for the same is Rs. 1, 00,000.
  • Hearing may be held through video conferencing or any audio visual communication device.
  • Earlier, the examination of an application could be expedited only upto examination stage. Now the provisions relating to expedited processing of an application for registration of a trade mark have been extended right upto registration stage with the fee of Rs. 40,000.

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8 March 2017
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