A 100% hike for the filing of a trademark application has been proposed. A 10% addition has been added to the physical filing of the application with the trademark registry. This has been done as to as promote the concept of e-filing. The fees are as follows:
Rule 27(5) of the draft states that sound marks can be submitted as long as they are submitted in an MP3 format with a graphical notation. The sound file must also be limited to thirty seconds. This clears the ambiguity in the earlier rules wherein there existed no amenity to submit sound files.
Discretionary powers have been given to the registrar under Rule 127, to include a mark in the list of well-known trademarks after carefully reviewing the application. Further, the registrar can also remove the mark from the list if proven necessary and in error. Thus the powers of the registrar have been broadened. The fee for filing is INR 1,00,000.
Before the amendment, the expedited process would end after examination of the application and the response filed to it. However, now, other steps forming part of the process like that of – scheduling of show cause hearing, publication of application and disposal of opposition if any are brought under the ambit of expedited examination, until the final disposal.
If at the time of filing an application, prior use of trademark is claimed, then an affidavit along with supporting documents and evidence needs to be filed as proof of the same.
The total number of forms required has been reduced to 8 in total making the process simpler.
Applicants/general public can now do Trademark searches for free instead of the earlier provision of making a request to the Registrar for seeking registered marks that could possibly be similar to or resembling the mark that is sought to be registered. This is an extremely crucial aspect since it helps applicants avoid potential conflicts/litigation in the future. The introduction of free search helps eliminate the burden on the Trademark Registry.
Applications can be sent to the International Bureau for international registration at a fee of INR 4,000 under the Madrid Protocol as per Rule 66.
The Nice Agreement (1957) has established The Nice classification that is an international classification of goods and services with reference to the registration of marks. The latest edition of the same will now be followed. Further, the Registrar will be publishing an index enlisting the goods and services of Indian Origin.
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