Trademark Rules 2017: Important Changes

by Legal Suvidha



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The Governent of India on 6th March 2017 replaced the Trademark Rules, 2002 with Trademark Rules, 2017 to simplify and streamline the process of Trademark Registration in India. The number of Trademark forms have been reduced from 75 to 8 in the new rules. The Tademark filing process has also been simplified in addition to the substantial increase in the Government Trademark Filing fee for the corporate entities. Some of the key highlights of the said amendments are as under:

As per the Trademark Rules 2017,

Startup means

• An entity in India recognised as a startup by the competent authority under Startup India initiative

• In case of a foreign entity, an entity fulfilling the criteria for turnover and period of incorporation / registration as per Startup India Initiative and submitting declaration to that effect.

• An entity incorporated or registered in India, not prior to five years, with annual turnover not exceeding INR 25 crore in any preceding financial year and working towards innovation, development,             deployment or commercialization of new products, processes or services driven by technology or intellectual property. 

Small Enterprises means

• An enterprise engaged in the manufacture or production of goods, where the investment in plant and machinery does not exceed the limit of INR 10 crore

• In case of an enterprise engaged in providing or rendering of services, where the investment in equipment is not more than the limit of INR 5 crore

• In case of foreign enterprise, an enterprise which fulfils the aforementioned criteria is eligible to be an applicant in the small enterprise category.

 

Individual means

• A sole proprietor or an individual other than a body corporate, partnership firm or LLP or any other entity

 

Revised Trademark fee 

 

Fee Payable For

Fee after Amendment (INR)

 

E-Filing

Physical Filing

Application for registering a trademark in one class

 

Individual, startups and small companies

4500

5000

Other entities

9000

10000

For Notice of opposition or counter-statement in answer to a notice of opposition

2700

3000

For renewal of existing Trademark Registration

9000

10000

Application requesting expedited examination

 

Individual, startups and small companies

20000

-

Other entities

40000

-

Request for search and issuance of Certificate

9000

10000

Request for expedited search and issuance of Certificate

30000

-

 

 

A notable highlight of the new Rules is inclusion of power given to the Registrar of trademark to review an application to include a mark in the list of well-known trademarks. The amendment gives discretionary power to Registrar of trademark to decide the criteria for inclusion of a mark in the list of well-known trademark. The amendment also empowers the Registrar to remove the trademark from the list if it is found that a trademark has been erroneously included the list. However, the most remarkable point is the cost required to be paid by the applicant for such inclusion of a mark in the list of well-known trademark. The official fee for the same is INR 100000.

We, Legal Suvidha Team can assist you in Trademark Registration to protect the brand of your Business and create a market recognition at www.legalsuvidha.com

 



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