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A Price Hike in The Notified Trade Mark Rules, 2017

The Ministry of Commerce & Industry finally notified the Trade Marks Rules, 2017 on 6th March 2017. It has proposed to repeal the existing Trade Mark Rules, 2002.

The key highlights are:

  • The Existing number of Trade Mark Forms have been amended and reduced.
  • Eight New Forms have been notified, namely,
  • Application for Registration of Trademark TM A
  • Notice of opposition TM O
  • Renewal Of Registration TM R
  • Registration on Transfer/Assignment of Trademark TM P
  • Registration wrt. Goods and Services TM U
  • Search Certificate TM C
  • Registration as Trademark Agent TM G
  • For other queries like Extention etc TM M
  • Most of the redundant provisions in the existing Trade Mark Rules,2002 are done away with.
  • An attempt is made to encourage an Electronic mode of communication between the Registrar and applicant to enhance transparency and reduce the processing time.
  • The Fee structure has been revised.
  • Earlier there was a universal charge of Rs. 4000/- irrespective of the type of Applicant or the mode of filing.
  • However, Now the new notified Rates for Application for Registration are (TM-A):

S.No. TYPE OF APPLICANT PHYSICAL FILING (Rs.) E-FILING (Rs)

1. (a)Individual

(b)Startups 5000/- 4500/-

(c)Small Enterprises

2. For all Other Applicants 10,000/- 9000/-

*Startups: An entity recognised under Startup India Initiative.

*Small Enterprise: In the case of the manufacturing sector, the investment in plant and machinery does not exceed Rs. 10 crore. Moreover, in the case of the Service sector, investment in equipment does not exceed Rs.5 crore.

  • Introducing "Well Known Trademarks".

Any Applicant can apply for this new model by filing

-TM-M

-A prescribed Fee

-A statement of the case along with evidence.

Such list will be published in the journal.The Registrar of Trade Marks shall have the authority to update the same from time to time in the journal.

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