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Amendments to Trademark Laws

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Mrz 14, 2017 (Newsletter Issue 5/17)
India
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New Trade Mark Rules Introduced


The New Trade Mark Rules have been published and came into force with effect of March 6, 2017. The most important amendments can be seen following:

- Fee increase: The fees for filing and prosecution has been increased by almost two-folds for certain matters. The official fee for filing a trademark application is now INR 10,000 instead of INR 4,000 previously. Start-ups receive discounts on the statutory fees.
- E-filing is promoted: The fee for filing a trademark application electronically is now INR 9,000.
- E-mail communication encouraged: The mode of communication by the Registry specifically includes electronic mail.
- Withdrawal of agent: Withdrawal of an agent in an application now requires the applicant to provide a new address for service within two months from the date of such withdrawal. Failure of such change in address will result in abandonment of the application.
- Documents showing use: Where use is claimed in an application, affidavit testifying use is required to be filed with supporting documents.
- Expedited registration: Expedited procedure now extends up till registration and is not limited to expedited examination.
- Extension for evidence removed: The extension of one month permissible while filing evidence in support of opposition and application by the opponent and the applicant respectively has been removed and is now non-extendable.
- Faster filing of counter statement: If the notice of opposition is obtained electronically, a counter statement can be filed without the same being served by the learned Registrar.
- Register of well-known marks: The Registrar can now determine whether a mark is well known or not after receiving a request of such from an interested proprietor on payment of INR 1,00,000.
- Cut of trademark application forms: The forms have been cut from 74 to 8.

For more information, please see the notification here

Source: S. S. Rana & Co., India