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Trade Mark Rules 2017

Trade Mark Rules 2017

The Department of Industrial Policy and Promotion had notified the Trade Mark Rules, 2017 on 6th March, 2017 to streamline and simplify the processing of trade mark applications in the country. The new Rules replaces the erstwhile Trade Mark Rules 2002.

Salient features

  • Types of applicants - Individuals/ Startups/ Small Enterprises and Others.
  • Numbers of Trade Mark (TM) Forms have been reduced from 74 to 8.
  • Fees
    • 50% lower fares for filing trade mark applications by Individuals/ Startups/Small Enterprises vis-à-vis Companies.
    • To promote e-filing of trade mark applications, the fee for online filing has been kept at 10% lower than that for physical filing.
    • Over all fees have been rationalized by reducing the number of entries in Schedule I from 88 to just 23.
  • Under Rule 124 any person may request the Registrar in a prescribed form along with prescribed fee for the determination of well known trademarks along with statement of case, evidence and documents. The fee for the same is Rs. 1,00,000.
  • Modalities for service of documents from applicants to the Registry and vice-versa through electronic means have been introduced to expedite the process; e-mail has been made an essential part of address for service to be provided by the applicant or any party to the proceedings so that the office communication may be sent through email. Hearing through video conferencing on request has been introduced.
  • The provisions relating to expedited processing of an application for registration of a trade mark have been extended right up to registration stage (hitherto, it was only up to examination stage).
  • Number of adjournments in opposition proceedings has been restricted to a maximum of two by each party, which will help in timely disposal of matters.
  • Application for Renewal of registration of a trademark may be filed within one year before the expiration of the registration of the trademark under FORM TM-R with the prescribed fee.

Fees

    Entry No.
    On what payable Amount in INR.Corresponding Form Number
    For Physical filingFor E-filing
    1Application for registration of a trademark /collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes.TM-A

    Where the applicant is an Individual / Startup/Small Enterprise5,0004,500

    In all other cases (Note: Fee is for each class and for each mark )10,0009,000
    2On a notice of opposition under section 21(1), 64, 66 or 73 or application for rectification of register under section 47 to 57, 68, 77 or application under rule 99, 103, 135,140 or On application under section 25 of Geographical Indication of Goods (Regulations and Protection) Act, 1999 to invalidate a trademark or counter statement related thereto. (Note: Fee is for each class opposed or counterstatement filed)3,0002,700 TM-O
    3For renewal of registration of a trademark under section 25 for each class10,0009,000TM-R
    4Application for renewal with surcharge of registration of a Trademarks under section 25 (3) for each class5,000 Plus renewal fee applicable under entry 34,500 Plus renewal fee applicable under entry 3
    5Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class10,000 Plus renewal fee applicable under entry 39,000 Plus renewal fee applicable under entry 3
    6On application under section 45 to register a subsequent proprietor in case of assignment or transfer for each trademark10,0009,000TM-P
    7On application for: Certificate of the Registrar under section 40(2), or For approval of the Registrar under section 41, or Direction of the Registrar for advertisement of Assignment without goodwill under section 42, or Add or alter a registered trademarkunder section 59(1) for each trademark, or Conversion of specification under Section 60 for each trademark.3,0002,700
    8On application for: Extension of time for applying for direction under section 42 for advertisement of assignment without goodwill, or Extension of time for registering a company as subsequent proprietor of trademarks under section 46(4),or Consent of Registrar to the assignment or transmission of a certification trademark under section 43, or Change a name and / or description of a registered proprietor or a registered user of a trademark under section 58 for each trademark.2,0001,800
    9On application for: Dissolution of association between trademark sunder section 16(5), or Change in address or address for service in India of Registered Proprietors under section 58 for each trademark, or Request for cancellation of an entry in the register or part thereof under section 58 for each trademark.1,000900
    10Application under section 49 to a registered user of a registered trademark in respect of goods or services Or On application under clause (a) of sub-section (1) of section 50 to vary the entry of a registered user of one trademark where the trademarks are covered by the same registered user in respect of each of them Or On application under clause (b), (c) or (d) of sub-section (1) of section 50 for cancellation of entry of a registered user of one trademark Or On notice under rule 95 (2) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trademark (Note: applicable fee is for each mark)5,0004,500TM-U
    11Request for search and issue of certificate under rule 22(1)10,0009,000TM-C
    12Request for an expedited search and issuance of certificate under rule 22 (3)Not allowed30,000
    13On application for: Extension of time, or Certified copy, or Duplicate Registration Certificate, or inspection of document,or Particulars of advertisement to registrar, or seeking grounds of decision of Registrar, or Enter in the register and advertise a note of certificate of validity under rule 127, Amendment in trademark application, or Particulars of advertisement of a trademark to Registrar under rule 41.1000900TM-M
    14On application for: Deposition of regulation of collective trademark under section 66 or alteration of regulation of certification trademark under section 74 (2), or Seeking Registrar preliminary advice, or For division of an application.2,0001,800
    15On application for: Review of Registrar’s decision, or Petition (not otherwise charged) for obtaining Registrar’s order for any interlocutory matter in a contesting proceeding, or Any other matters not covered in other TM forms.3,0002,700
    16On request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of the documents under proviso to rule 122 (Note: for entry in respect of each registered trademark or for each document)5,0004,500
    17On application under rule 34 for expedited process of an application for the registration of a trademark
    Where the applicant is an Individual / Startup/Small EnterpriseNot allowed20,000
    In all other cases (Note: fee is for each class and for each mark)Not allowed40,000
    18Request to include a trademark in the list of well- known trademark(Note: applicable fee is for one mark only.)Not allowed1,00,000
    19On application for registration of a person as a trademark agent under rule 147 & 149.5,0004,500TM-G
    20For continuance of the name of a person in the Register of a trademark Agents under rule 150 for every Five year to be paid on or before 1st day of succeeding financial year.10,0009,000
    21On application for restoration of the name of a person to the Register of trademarks agents under rule 153 within 3 years from the date of removal of registration.5,000 Plus continuation fee as mentioned in entry number 204,500 Plus continuation fee as mentioned in entry number 20
    22On application for an alteration of any entry in the Register of trademarks Agent under rule 1541,000900
    23Handling fee for certification and transmission of international application to International Bureau with MM2(E)Not allowed5,000

For the complete Rules, click here.

Source : Office of Controller General of Patents, Designs & Trade Marks.



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