Introduction: The Government has notified the Trade Marks Rule, 2017 with an aim to simplify the process of Trade mark application and e-filing of trademark.
Some of the main features of new Trade Marks Rule, 2017 are:
1. Limited number of forms: New rules contains a limited number of forms for trademark which will save time and efforts for trademark practitioners. Earlier, there was about more than 74 forms that were used for various actions such filing an application of registration of trademark, multiple trademark, and correction in application, change in the address, etc.
2. Increase in filing of fees: The Fees for filing trademark has increased to Rs.5000 for individuals, startups and small enterprises and for others Rs. 10,000.
3. Promotion of e-filing of application: In order to promote e-filing of trademark applications for various actions, the fee for online filing of application has been kept 10 % lower than for physical filing of application.
4. Hearing via video conferencing: To speed the process of trademark, new concept has been introduced. Now, the hearing for trademark may held through videos – conferencing or through any other audio-visual communication devices. Earlier, there was no such provision for hearing via video-conferencing.
5. Recognition of ‘Sound’ as trademark: New rule has a provision for filing an applications for sounds marks as trademark.
6. E-service of documents by Registrar: To increase the speed of registration process, communications sent by Trade Mark office through email will be understood as completed service. It will not be required to serve documents through post.
7. Reduce number of adjournments: To timely disposal of matter, number of adjournments in proceeding restricted to maximum of two by each party.
8. Expedited processing of trademark: New rule has provision related to expedite processing of application for registration of trademark. On payment of additional fees, an applicant can make a request for express registration.
Comments: The main motto behind to revamp the existing trademark rule with new trademark rule to expedite the trademark process and make it more user friendly framework in the field of trademark.
About Author: The Author is a Company Secretary by profession and can be reached at [email protected]