To expedite various trademark-related processes, promote electronic proceedings, and better the overall scenario at the Trade Marks Registry Offices, the Department of Industrial Policy & Promotion (DIPP), working under the Ministry of Commerce & Industry, Govt. of India, has recently opted for revamping some existing rules given in the Trade Marks Rules of 2002. These new set of rules and provisions was published under the Draft Trademark (Amendment) Rules, 2015, for public comment on November 19, 2015, giving a response period of one month. After receiving comments from concerned public and entities, DIPP may amend some proposed draft rules, and the final rules are expected to be notified in January 2016.
Some of the most striking and significant provisions of the proposed draft trademark rules, 2015, are the following:- 100% Increment in the Official Fees: --- The filing fees and official fees for all trademark related proceedings (barring the filing of any collective mark and the notice of opposition) are proposed to be just doubled.
- 10% Extra Fee for Physical Filing: --- The physical filing of trademark applications at any of the branches of the Trade Marks Registry, will charge 10% more than the electronic filing.
- Claim regarding "Use" is to be supported by a Mandatory Affidavit: --- In such cases, an affidavit of use of any claimed mark, will be required along with all supporting evidences.
- Lapidary Description of the Trademark Required: --- The applicant now may need to submit a concise description in words of the trademark (conventional or non-conventional) being filed.
- Fast-Track Processing of Applications: --- There are provisions for expediting processing at every step. The electronic processing of documents will be promoted.
- Only Online Notices of Trademark Opposition will be Entertained: --- Physically filed notices may not meet due cognizance or approval.
- A "Well-Known" Status of Trademark Achievable: --- The Registrar of Trade Marks on his discretion may include a trademark into the list of well-known trademarks, after such a request supported with fees of INR One Lac.
- The Number of Different Forms is to be limited to 8 from about 75: --- To speed up all processes related with trademarks ranging from registration to renewal.
- The Sound Mark Application to be submitted in MP3 Format: --- Applications for registering sound-marks are now to be accompanied by sound-files in MP3 formats, not exceeding 30 seconds in length.
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