Proposed Amendments to Indian Trademark Law

The Ministry Commerce and Industry has on 19th November, 2015 issued the draft Trademark (Amendment) Rules, 2015 proposing amendments to the Trade Marks Rules, 2002. The highlights of the proposed amendments are –

    1. 100% hike in official filing fee: Filing of a trademark application would now cost double to an applicant after such amendment is in place. In order to promote e-filing,   streamlining & reducing the work load of the trademark office, the Government has proposed to add 10% additional fee on the official fee for the applications filed physically with the trademark registry. Some of the important changes in the current official fees are as below:

      Sr. No.

      Fee Payable For

      Current Fee (INR)

      Fee after Amendment (INR)

      E-Filing

      Physical Filing
      1. Application for registering a trademark in one class

      4000

      8000

      8800

      2. On counter-statement in answer to a notice of opposition

      1000

      2000

      2200

      3. For renewal of registration of trademark in one class

      5000

      10000

      11000

      4. For renewal of registration of trademark when the trademark is not renewed within time

      3000

      6000

      6600

      5. For restoration of trademark within 1 year from the expiry date

      5000

      10000

      11000

      6. Application for assignment of trademark within 6 month of assignment

      5000

      10000

      11000

      7. Application for assignment of trademark within one year of assignment

      7000

      15000

      16500

      8. Application for assignment of trademark after one year of assignment

      10000

      20000

      22000

      9. Application requesting expedited examination of the application

      20000

      40000

      44000

      10. Application requesting inclusion of a mark in the list of well-known trademark

      100000

      110000

       

    2. Reduction in number of forms: The number of forms used for filings various applications have been reduced from 75 to 8 forms in totality.
    3. Registration of sound mark: A sound file in MP-3 format not exceeding thirty seconds along with graphical representation of its notation would be required to be submitted with the application.
    4. Statement of user in applications: If the use of trademark is claimed prior to the date of application, the applicant would now require filing an affidavit testifying to such use along with supporting documents at the time of filing of application.
    5. Expedited Examination of application: Expeditious processing of the application i.e. scheduling of show cause hearing, if required, the publication of the application and opposition thereto, if any, till final disposal of the application all to be dealt expeditiously.
    6. Well Known Trademarks: The amendment gives discretionary power to Registrar to decide the criteria for inclusion of a mark in the list of well-known trademark & also empowers the Registrar to remove the trademark from the list if it is found that a trademark has been erroneously included in the list. However, the official fee required to be paid by the applicant for such inclusion of a mark in the list of well-known trademark is INR 100000 (One Lakh Indian Rupees).
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