The Major Changes in the Trademark Rules, 2017

The Trademark Rules, 2017 replaced the earlier 2002 rules. Government of India published a notification regarding the draft rules in November 2015 inviting all stakeholders to suggest changes and raise objections. The new rules that came into force in March 2017 aim to speed up the approval process and increase the number of filings. Following are some of the main changes that have come in lieu of the new rules:

Reduction in the Number of Forms

The number of forms that an applicant has to file has been reduced from 74 to 8 to ease the registration process. It will also help first-time applicants, who had earlier felt apprehensive because of the staggering number of forms.

Reduction in Application Fees

Application fees for individuals, start-ups and small enterprises have been brought down to Rs. 4500 from Rs. 8000, which is what was proposed at the draft stage of the Rules.

Increase in Registration Fees

Registration fees has been increased by more than 100% for entities other than individuals, small enterprises and start-ups.

Push Towards Digitalisation

The making of email service as valid service (Rule 18) is an indication of the drive to digitalise most of the process.

Furthermore, Rule 115 provides for hearing to be done through video-conferencing and other means of audio-visual communication. Also, it is not necessary to file the counter statement physically as the same can be done online.

E-filings at Lower Rates

The fees for online filing has been kept at 10% lower than that for physical filing to promote e-filing of applications.

Well-known Trademarks (Rule 124)

For the first time, the method to determine well-known trademarks has been clarified to boost number of applications from reasonably established entities.

 Expediting of Application Process

Provisions related to expedite processing of an application for registration have been extended to the registration stage from just the examination stage.

Definition of Small Enterprises & Start-ups

To keep up with the changing business environment, small enterprises and start-ups have been defined to ease up the process for such entities.

Easier Registration Process for Sound Marks

The applicant can register her sound mark by submitting an MP3 not exceeding 30 seconds along with a graphical representation of the sound notations.

 3-D Marks

Application for such marks can be made by specifically stating that the relevant mark is a 3-D mark.

Limiting the Number of Adjournments

To reduce the time for registration of trademarks, Rule 50 now provides that during an opposition hearing, a party is not entitled to ask for more than two adjournments.