Trademark rules 2017
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The Trademark Rules 2017 document outlines the new trademark rules that went into effect on March 6, 2017 in India. Some key points of the new rules include: reducing the total number of trademark forms from 74 to just 8; introducing expedited processing up to the registration stage for a fee; allowing video conferencing for hearings; restricting the number of adjournments allowed in opposition proceedings; and revising various trademark application and agent fees. The document provides details on the trademark application and registration process in India and the changes introduced by the 2017 rules.
Trademark rules 2017
- 1. TRADEMARK RULES 2017 Effective From 06th March 2017
- 2. ? A symbol, word, or words legally registered or established by use as representing a company or product.
- 3. ? – ( for an UnregisteredTrademark, that is a mark used to promote or brand goods) ? - ( for an Unregistered Service Mark, that is a mark used to promote or brand goods) ? - (for a RegisteredTrademark)
- 4. Trade mark Application filing inTM-A E-Filing or Physical Issuance of receipt fromTrademark registry Issuance of Examination Report ACCEPTED OBJECTED
- 5. REPLY OF EXAMINATION REPORT WITHIN 30 DAYS FROMTHE DATE OF RECEIPTOF EXAMINATION REPORT SHOW CAUSE HEARING Accept for Registration Refuse for Registration Advertise in the Trademark Journal (For four months)
- 6. OPPOSITION NO OPPOSITION OPPOSITION PROCEEDING ISSUANCEOFTHE REGISTRATION CERTIFICATE BYTRADEMARK REGISTARY (Approximately 24 to 36 months from the date fo filing of application)
- 7. TRADEMARK CLASSES 1 TO 45 1 TO 34 35 TO 45
- 8. ? 1. Number ofTrade Mark Forms reduced from a Total of 74 Forms to just 8 Forms. ? 2.The Fees of Online Filing is 10% less than the fees for Physical Filing. ? 3. Relaxation of fees for Small Enterprises and to an Individual. ? 4. Induction of aTrademark in the list of well knownTrademarks.(Rule 124) ? 5. Provisions relating to Expedited processing of an application for registration have been extended right up to registration stage.(Rule 34)
- 9. ? 6.The Govt. fees under Expedited processing for individual is Rs. 20,000 and for small enterprises is Rs. 40,000. ? 7. Expedited processing only available through E- Filing Mode. ? 8. HearingThroughVideo conferencing has been introduced.(Rule 115) ? 9. Certification andTransmission of International Application to International Bureau MM2(E) is not allowed through Physical Filing. ? 10. Entries in Fees Schedule I reduced from 88 to 23. ? 11. Number of Adjournments in Opposition proceedings has been restricted to 2 by each party.
- 10. ? 12. Request for expedited search and issuance of search certificate within 7 working days upon payment of Rs. 30,000. ? 13. Assignment of transfer of trademark will be costlier now, as each and every trademark including additional trademark will cost Rs. 9,000 ? 14. Every application forTrade Mark agent under Rule 147 and 149 will accompanied by fees Rs. 4500 ? 15. Any change in entry in the register of TrademarkAgent will cost Rs. 900 per entry.