India: Kinds Of Trademark Forms In India And Its Evolution

Introduction

The Trade Mark Rules underwent a significant transformation in 2017, reducing the number of forms from approximately 74 to a streamlined 8. This overhaul aimed to simplify the procedural aspects of filing, registration, and other trademark-related processes. The 2017 rules replaced the previous ones from 2002, introducing e-filing as a key amendment. This technological enhancement was designed to offer businesses a more convenient and efficient model, aligning with contemporary practices and facilitating a smoother trademark application and registration experience.

Key Revisions in the New Trademark Rules of 2017

1. Fee Reduction for Startups and Small Enterprises:

Notable amendments include a reduction in fees tailored to benefit startups and small enterprises, fostering a more accessible trademark registration process for these entities.

2. Streamlining of Forms:

The complexity of the process has been significantly reduced by streamlining the number of forms from 74 to a more efficient and manageable 8, enhancing the overall simplicity of trademark-related procedures.

3. Introduction of E-Filing:

Embracing technological advancements, the new rules incorporate e-filing, a progressive addition designed to bring efficiency and convenience to the trademark application and registration process.

4. Filing Fee Adjustment:

It's important to note that as part of these changes, there has been an adjustment in the filing fee. This modification reflects the evolving landscape of trademark procedures and ensures a more sustainable framework for the involved processes.

Forms under First Schedule of Trade Mark Rules 2017

1. TM A

The TM-A form is specifically designed for the comprehensive application for trademark registration. It encompasses not only individual trademarks but also collective marks, certification marks, and series marks. This form is applicable for specifying goods and services falling within one or multiple classes, providing a versatile and inclusive avenue for trademark registration.

This form is intended for the registration of trademarks under Section 18, collective marks under Section 63, certification marks under Section 71, and series marks under Section 15.

2. TM O

The TM-O form serves the purpose of providing notice of opposition to registration under various sections, including Section 21, 64, 66, or 73. Additionally, it is utilized for applications related to the rectification of the register under Section 47-57, 68, 77, or under specific rules like 99, 103, 135, 140. It also covers applications under Section 25 of the Geographical Indication of Goods (Regulations and Protection) Act, 1999.

It's crucial to note that the applicable fee pertains to each opposed class or counterstatement filed along with the application under TM-O. The specified amount must accompany the TM-O application for it to be considered complete.

3. TM R

The TM-R form is employed by trademark owners seeking to renew, restore, or make surcharge payments for the renewal of their registered trademarks. This form is utilized in processes such as the renewal of trademark registration under Section 25, renewal with surcharge under Section 25(3), and the combined process of restoration and renewal with surcharge under Sections 25(3) and 25(4). Importantly, these renewal and restoration actions are executed separately for each class of the registered trademark.

4. TM P

This form is utilized for submitting applications to register a subsequent proprietor in the event of an assignment or transfer, as outlined in Section 45 of the Trademark Act 1999. It serves a versatile range of purposes, encompassing the registration of a new subsequent proprietor in the official register, recording alterations made post-registration, and facilitating adjustments or dissolution of a trademark association.

Applicants making such requests are required to adhere to the following structured format as part of the application process:

5. TM U

The TM-U application is submitted by a registered user seeking registration under Section 49, cancellation or variation under Section 50, or intervention in proceedings related to the variation or cancellation of entries under Rule 95(2). This comprehensive application process enables registered users to formally engage with various aspects of their registered user status, ensuring compliance with the stipulations outlined in the relevant legal provisions.

6. TM C –

This form is used, when any applicant request for the search and issue of certificate under Rule 22(1) and Rule 22(3)

The certificate issued under this only conveys information about whether any similar work has been registered or not.

7. TM M

The form particularly used when the applicant make any application for -

• any correction or amendment in the trademark application
• for the extension of time,
• Request for certified copy, Duplicate registration
• Inspection of Documents
• Seeking grounds of decision of registrar

For this kind of application the amount needed to be paid are as follows –

• For Physical filing – Rs. 1000
• For E-Filing – Rs. 900

For each document, class and mark the fee is applicable in all cases.

8. TM G –

The TM-G form is employed when an entity seeks to register itself as a trademark agent, requests continuation as a trademark agent, applies for the restoration of its name, or requests any alterations. This form facilitates various actions related to the status and activities of trademark agents, ensuring a streamlined process for registration, continuation, restoration, or modifications as required.

Conclusion

The trademark registration process stands out from other intellectual properties, demanding diverse strategies at distinct stages. Preceding the enforcement of the 2017 rules, a complex landscape existed with around 74 specified forms that applicants needed to navigate. However, the 2017 rules ushered in a more efficient era by significantly cutting down the number of forms to just 8. This simplification aimed to enhance the overall ease of the trademark registration process. Notably, the amendments also embraced modernization through the introduction of E-filing mechanisms and adjustments in fee structures.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.