The Trade Mark Rules, 2017 have been notified and come into effect from 06th March, 2017. New Rules replaced the former Rules prescribed under the Trade Mark Rules 2002. New Rules are introduced with the objective to simplify the registration process in India. Some notable changes presented under the new Rules are :
- Hike in Official Fee
- Separate Fees schedule for Individuals, Start-ups and Small Enterprises
- Concession of 10% on online filing
- Prescribed Forms have been reduced to 8.
- Fees schedule have been restructured by reducing the number of entries to just 23
- Modalities for determination of well-known trademarks have been laid out
- The provisions relating to expedited processing of an application for registration of a trade mark have been extended right upto registration stage (earlier it was till examination)
- Email address has been made mandatory in address for service so that official communication can be sent through email
- Modalities for service of documents from applicants to the Registry and vice-versa through electronic means have been introduced to expedite the process
- Hearing through video conferencing
- Number of adjournments in opposition proceedings has been restricted to a maximum of two by each party.
- Procedures relating to registration as Registered User of trademarks have also been simplified.
Revised Fee and Forms
The official fee has been substantially hiked to more than double. However, for Individual/small entity/small enterprises official fee have been kept at 50 % as compared to legal entity. Further, to promote e-filing and to reduce the work load, an additional fee of 10% have been levied on physical filings.
| S. No. | Particulars | Revised Fee and Forms | ||
| E-Filing | Paper Filing | Applicable Form | ||
| 1 | Application for registering in one or more than one class (Fee is for each class and for each mark) |
TM-A | ||
| Individual/Start up/small enterprises | ₹ 4,500 | ₹ 5,000 | ||
| In other cases | ₹ 9,000 | ₹ 10,000 | ||
| 2 | Counter-statement to a notice of opposition (Fee is for each class opposed or counterstatement filed) |
₹ 2,700 | ₹ 3,000 | TM-O |
| 3 | Renewal of registration in one class | ₹ 9,000 | ₹ 10,000 | TM-R |
| 4 | Renewal when not renewed within time | ₹ 4,500 (plus renewal fee) |
₹ 5,000 (plus renewal fee) |
|
| 5 | Restoration within 1 year from the expiry date | ₹ 9,000(plus renewal fee) | ₹ 10,000(plus renewal fee) | |
| 6 | Assignment within 6 month of assignment | ₹ 9,000 | ₹ 10,000 | TM-P |
| 7 | On request for expedited process of an application for the registration of a trademark | TM-M | ||
| Individual/Start up/small enterprises | ₹ 20,000 | Not Allowed | ||
| In other cases | ₹ 40,000 | Not Allowed | ||
| 8 | Request for inclusion of trademark in the list of well-known trademarks (Fee for one mark only) |
₹ 1,00,000 | Not Allowed | TM-M |
