Patent and trademark seekers will no longer have to wait for weeks to get the go-ahead for their applications from the government’s patent registrar . The commerce and industry ministry has thrown open the entire trademark and patent database for free online searches.
Till now, prospective applicants for patents and trademarks were required to get an official search report from the patents office, which certified that no similar patent has been granted, before submitting an application. Applicants had to pay 500 for every single search subject and the process took two to three weeks. While free search facility would help patent seekers cut costs and time involved prior to filing an application, this will also put India on par with the developed countries that have well-equipped online trademark search systems. This would also enable foreign investors to check Indian databases before working out an entry strategy for India.
The Controller General of Patents, Designs and Trademarks is in charge of clearing intellectual property registrations in the country.
The new search facility also allows users to look for pictures and logos, under the Vienna Classification Code adopted by the World Intellectual Property Organisation (WIPO). The Vienna Code breaks down visual images into categories and sections so as to enable any applicant to crosscheck if similar designs, logos or images are registered in another entity’s name.
Though the search facility has been made free, the cost of patent and trademark applications has been raised from 2,500 to 3,500, effective from December 29, 2010. Those who have applied for patents between December 29 and January 13, when the new norms were notified, are required to pay the difference of 1,000 by January 31.
Those who fail to pay this difference would find their applications being pushed down the waiting list of patent applicants – their applications will be treated as received on the day they pay the difference.
About one lakh applications are filed with the patent and trademarks registrar annually while the backlog of applications pending and oppositions to such applications filed by dissenting parties run into several lakhs.
PUBLIC NOTICE RELEVANT TO ABOVE IS AS FOLLOWS:-
INTELLECTUAL PROPERTY INDIA
PATENTS/DESIGNS/ TRADE MARKS/ GEOGRAPHICAL INDICATIONS.
Government of India
Office of The Controller General Patents, Designs & Trade Marks
Boudhik Sampada Bhavan,
S.M. Road, Antop Hill,
Mumbai-400 037, India.
(Tel): 022-24132735 022-24132393
(Fax): 022-2412 3322 , 022-2417 2288 022-24156392,
CG/F/Public Notice/2010-11/ 128 Date: 13.01.2011
Consequent to the notification in the Official Gazette of India issued by the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) dated 29th December,2010 (G.S.R. 1024(E), the request to Registrar for Official Search specified in Rule 24 of the Trade Marks Rules,2002 read with form TM-54 and TM-71 is discontinued forthwith.
For the convenience of the public and users of the system free public search is made available in IPO official website.
The fee for filing of application to register a trade mark for a specification of goods or services included in one class has been increased from Rs.2,500/- to Rs.3,500/-. The above revision is effective from the date of notification (29.12.2010).
All applicants/agents who have filed trade mark applications from 29.12.2010 onwards are requested to tender the deficiencies in fees Rs.1,000/- (Rupees One thousand only) per application in respect of applications filed from the date of notification till issuance of this notice, on or before 30th January,2011, failing which the Registrar shall not act on the matter until the said additional fee has been paid. The deficiencies of fees received thereafter shall result in shifting of filing date to actual date of payment of balance fees.
Controller General of Patents, Designs & Trade Marks
RELEVANT NOTIFICATION IS AS FOLLOWS:-
MTNISTRY OF COMMERCE AND INDUSTRY
(Department of Industrial Policy and Promotion)
New-Delhi, the 29th December, 2010
G.S.R, 1024(E) – Whereas certain draft rules Further to amend the Trade Marks Rules, 2002 were-published, as required under sub-section (1) a Section’ / 57 of the Trade Marks Act, 1999 (41 of 1999), vide notification of the Government of India in the -Ministry. of Commerce and Industry (Department of Industrial Policy and .Promotion) number G.S.R. 731(E), dated the 7th Septernber, 2010 kite Gazette of India, Extraordinary, inviting Objections and suggestions from all persons likely to be affected thereby before the expiry of a period of forty-five days from the date on which copies of the Gazette containing notification were made available to the public;
And whereas the said ‘notification were made available to the public on the 13th September, 2010;
And whereas. the. objections and suggestions received from the public have been considered by the Central Government;
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (2) of Section 157 of the Trade Marks Act, 1999(47 of 1999), the Central Government hereby makes the following rules further to amend the Trade Marks Rules, 2002, namely :
1. (I) These Rules may be called the Trade Marks (Second Amendment) Rules; 2010.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Trade Marks Rules, 2002 (hereinafter referred to as the said rules), in sub-rule (2) of rule 8,—
(a) in clause (b), the letters and figure ” TM-54’ shall be omitted;
(b) in clause (c 1, the words, letters and figure “or for expedited search report in form TM-71” shall be omitted.
3. In rule 24 of the said rules, sub-rule (I) and sub-rule (2) shall he omitted.
4. Rule 32 of the said rules shall be omitted.
5. In the First Schedule to the said rules,—
(a) under column (3) relating to entry numbers 1, 2, 3, 4, 5, 6, 7 and 10, for the existing entry, the entry “3500.00” shall respectively be substituted;
(b) entry number 49 and the entries relating thereto shall be omitted;
(c) in entry number 60, item (b) under column (2) and the entries relating thereto shall be omitted;
(d) entry number 75 and the entries relating thereto shall be omitted.
6. In the Second Schedule to the said rules, Forms TM-11, TM-54, TM-71 and TM-75 shall be omitted.
IF. No. 8/61/20094PR- IV]
V. BHA SKAR, Jt. Secy.
Foot Note.—The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification number G.S.R. 114(E), dated, the 26th February, 2002 and subsequently were amended vide notification number G.S.R. 428(E), dated the 20th May, 2010.