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Amendments to Trademark Laws

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Feb 01, 2011 (Newsletter Issue 2/11)
India
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Major Changes to Official Fees and TM Searches


Major changes with respect to official fees and trade mark searches:

Increase of official fees
The official fees for filing a trade mark application in a single class has been increased from INR 2,500 (approximately USD 55) to INR 3,500 (approximately USD 78), with effect from December 29th, 2010. For TM applications filed between December 29th, 2010 and the public announcement of the Notice on January 13th, 2011, an additional fee of INR 1,000 per application (approximately USD 22) will have to be paid before January 30st, 2011.
If this additional fee is paid after January 30th, 2011, the Trade Marks Registry (the “Registry”) will consider the payment date to be the date of filing.

Practice of official trade mark searches discontinued
Official trademark searches will no longer be conducted by the Registry. Proprietors can now conduct trade mark searches on the Registry’s online database. It is accessible free of cost at www.ipindiaonline.gov.in
Advantages: no costs involved in the searches, searches will be easier and faster as the Registry took up to a couple of weeks to issue an official search report.
During the examination procedure, the Registry will still conduct a search for prior trademarks.

Source: Majmudar & CO., Mumbai, India and
Selvam & Selvam, Kilpauk, India