Summary of new changes introduced in the Trademark Rules 2017
Two categories of applicant
Applicants are categorised into two categories and separate fee schedule is prescribed for both the categories i) Individual/Startup/Small Enterprise; ii) Others
Registration of 3D and Sound Trademarks
Provision of filing of Three Dimensional (3D) and Sound trademark application has been introduced under new Rules.
Affidavit and Evidences to claim trademark ‘in use’
Application claiming trademark ‘in use’ prior to the filing of the application, an affidavit substantiating the usage of the mark alongwith supporting documents are required to be submitted at the time of filing the application. Earlier it was required upon specific request of the Examiner/Registrar.
Expedited processing of Application
The provision for expedited processing has been extended till the registration of trademark. This new Rule will accelerate all proceedings including examination, reviewing of reply to examination report, appointment of hearings, advertisement, and opposition, until final disposal of the application.
Renewal of Trademark
Request for renewal of application can be filed one year prior to the validity date of a trademark, earlier it was 6 months prior to the validity date.
Fixed fee for recording Assignment
Fee has been fixed for filing request for recording an assignment irrespective of whether the assignment request is filed within 6 months/12 months or after 12 months from the date of execution of the assignment.
Adjournment
Maximum number of adjournments by a party has been restricted to two and the duration of each of such adjournment to not more than 30 days.
Well-Known Trademark
The amended Rules have provision to designate a trademark under the category of a Well-Known trademark. However, to designate the mark as well-known trademark, supporting documents evidencing that the mark should be recognized as a Well-Known trademark is required to be submitted alongwith the request. Before recognizing the trademark, the Registrar will invite objections from the general public within thirty days from the date of invitation of such objections. If no objections received within the prescribed time period, the mark will be published in journal and will be entered in the Register of Well-Known Trade Mark.
