The Trade Mark Rules, 2017 released by Union Ministry of Commerce & Industry

The Trade Mark Rules, 2017 has been released by the released by Union Ministry of Commerce & Industry, which will replace the existing Trade Mark Rules, 2002. The new rules have come into effect and will streamline and simplify the Trade Mark applications processing.

Key Facts:

1. Under the new rule, the number of Trade Mark (TM) Forms are decreased from 74 to 8.

2. The new rules, modalities for well-known trademarks’ determination have been laid out for the very first time.

3. The online filing fee has been kept at 10 percent lower than that for physical filing, for promoting an e-filing of TM applications.

4. Over all fees have been streamlined by lowering the number of entries in Schedule I to 23 from 88.

5. The necessities relating to furthered processing of an application for trade mark registration have been extended right up to registration stage. Earlier, the processing of application was up to examination stage only.

6. Under the new rule, e-mail has been made a critical part of address for service, which will be delivered by the applicant or by any party to the application proceedings, in order to make the office communication through email.

7. Under the new rule, hearing through video conferencing has also been introduced.

8. Number of postponements in the opposition proceedings has been limited to a maximum of two by each party for disposing off matters in time.

9. Under the new rules, the registration procedures have been simplified as registered user.

The examination time for a Trade Mark (TM) application has been reduced from 13 months to just 1 month in January 2017, despite an astonishing jump of 35% in TM filings in the year 2015-16 against the previous year.

The Trade Mark Rules, 2017 are expected to enhance the Intellectual Property Regime in India.

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