Draft of the Trademark (Amendment) Rules, 2015 proposing
amendment to Trade Marks Rules, 2002 has been issued by Ministry of
Commerce and Industry on November 19, 2015 and has invited comments
from the public and stakeholders within a period of 30 days from
the date on which the Gazette of India, in which this notification
is published, made available to the public.
The highlight of the proposed amendment is hundred percent hike
in the trademark filing fee.
Some of the notable amendments proposed in the Draft are as
100% hike in filing fee:
One of the major changes proposed in the Rule is 100% hike in
official filing fee. Filing of a trademark application would cost
double to an applicant after such amendment is in place. The
Government in order to promote e-filing, streamline the current
trademark practice and reduce the work load of trademark office has
proposed to add 10% additional fee on the official fee on the
application filed physically with the trademark registry. Some of
the important changes in the current official fees are as
Reduction in number of forms:
The number of forms used for filings various applications has
been reduced and there are only 8 forms in totality. This reduction
in the forms has been done to simplify the filing process. The list
of new forms is as under:
TM A - Application for registration
of any good/services
TM M - Request for any amendment in
application, grounds of decision, expedite examination, request for
inclusion of a mark as well-known, authorization of an agent
TM R - All Renewal related
TM C - Application for Search
TM O - All opposition matters
TM P - Applications to dissolve
association, assignment; amendment for description of
TM U - Application for Registered
TM G - Applications related for Trade
Registration of sound mark:
The proposed amendment has provision for filing an application
for registration of sound marks. A sound file in MP-3 format not
exceeding thirty seconds along with graphical representation of its
notation would be required to be submitted with the
Statement of user in applications:
Currently, if an application is filed claiming use prior to
filing of an application then the Affidavit of use is submitted
only when requested by the Examiner. However, under the proposed
amendment if the use of trademark is claimed prior to the date of
application, the applicant would require to file an affidavit
testifying to such use along with supporting documents at the time
of filing of application.
Expedited Examination of application:
There is a provision for filing of request for expedited
examination of the application under the current trademark act and
rules. However, the expedited process ends with the issuance of the
examination report by the trademark registry and the applicant
filing a response to the same. The application thereafter is
processed at a regular pace by the trademark registry. However, the
amendment proposes expeditious processing of the application that
is scheduling of show cause hearing, if required, the publication
of the application and the opposition thereto, if any, till final
disposal of the application all to be dealt expeditiously.
Well Known Trademarks:
A notable highlight of the amendment is inclusion of power given
to the Registrar of trademark to review an application to include a
mark in the list of well-known trademarks. The amendment gives
discretionary power to Registrar to decide the criteria for
inclusion of a mark in the list of well-known trademark. The
amendments also empowers the Registrar to remove the trademark from
the list if it is found that a trademark has been erroneously
included the list. However, the most remarkable point is the cost
required to be paid by the applicant for such inclusion of a mark
in the list of well-known trademark. The official fee for the same
is one lakh Indian Rupees (INR 100000)
The abovementioned amendments are in draft stage and yet to come
into effect.Therefore, it is right time to file trademark
application for those who are planning to protect their brand in
India before the fee is doubled.
Draft Trade Marks (Amedment) Rules, 2015 can be accessed
at link provided below:
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