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Amendments to Trademark Laws

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Nov 08, 2011 (Newsletter Issue 13/11)
India
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E-Filing Soon Available


The Indian Trademark Office is planning to introduce online filing of documents in the coming months if the proposal of the Indian Government to amend the Indian Trade Mark Rules, 2002 will be accepted.

The amendments would enable
a) Trademark owners and attorneys to file a new trademark application, renewal, response to examination report, notice of opposition, other forms and other documents electronically.
Affidavits are exceptions which still need to be filed in paper.
Furthhermore, if a trademark owner without an authentication is filing documents electronically needs also to file the documents in paper (triplicate) with the trademark office within 15 days from the date of electronic filing.

b) The trademark office can communicate to the applicant or the attorney on record electronically. The date of the communication by the trade mark office is deemed to be the date of dispatch of the electronic communication duly authenticated. In the event of any delay in receipt of the communication by the trademark owner or the attorney, the amendment provides for such delay only, being condoned by the Registrar when a petition to condone the delay is filed with supporting evidence.

The notification was published in the gazette and is open to objections up to November 26, 2011 and can be accessed here

Source: Selvam & Selvam, India