"Well-devised for simpler, better, and stronger trademark regime in India, the new Indian Trade Marks Rules of 2017 have been promulgated. This new trademark legislation offers exclusive discount to individuals, start-ups, and small enterprises in respect of registration fee, and expedited processing of registration applications. Discover also the highlights of these new rules."
Though the official fees related with various trademark processes in India have been made doubled under the new Indian Trade Marks Rules, 2017, this new trademark legislation offers welcome and lavish relaxation to the individuals, start-ups, and small enterprises for registration of their respective trademarks or service marks. Again, these new trademark rules 2017, which have replaced the earlier Trade Marks Rules of 2002, seek to simplify the various processes related with trademarks and service marks, fasten and better trademark regime in India, and to improve further the ease of doing business in India by Indian and global people and entities. The following are the highlights of the new Indian Trade Marks Rules of 2017, notified by the Department of Industrial Policy & Promotion (DIPP) on March 6, 2017 (and these rules will come into force on the date of the publication of these in the Official gazette of India):
- The number of Forms which were being used for various processes related with trademarks and service marks, has been reduced to only Eight from as much as 74. These Forms are the following --- TM-A; TM-O; TM-R; TM-P; TM-U; TM-M; TM-C; and TM-G.
- The governmental fees for various trademark processes ranging from registration and renewal to protection are been made double. However, for the purpose of registration of trademarks/service-marks by individuals, start-ups, and small enterprises, the governmental fee has been kept at only INR 4,500/- provided they make application through e-filing in Form TM-A. For big and old companies and corporates, this registration fee has been increased to INR 10,000/- for physical filing and INR 9,000/- for e-filing. This means that as much as 50% discount has been provided by the Trade Marks Rules of 2017 in respect of trademark registration to individuals and new and small enterprises. Also, the governmental fee for filing the application for expedited processing of their trademark registrations has also been made half, amounting to only INR 20,000/-. For big corporates, this fee is INR 40,000/-.
- To encourage and promote e-filing of various applications, 10% fee concession is prescribed by the new Indian Trade Marks Rules, 2017.
- The Rule 34 of the new trademark rules of 2017 describes the provision for fast-track processing of registration applications, which are to be made in Form TM-M through e-filing only. The governmental fee for this expedited processing of applications is INR 40,000/- for big and old companies/corporates, and only INR 20,000/- for individuals, start-ups, and small enterprises.
- The Rule 124 of the trademarks rules of 2017 facilitates inclusion of any previously registered trademark/service-mark into the List of Well-Known Trademarks (maintained by the Registrar) through making an online application in Form TM-M by the trademark owner, and paying the prescribed governmental fee of INR 1,00,000/-.
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