Features of Trademark Rule, 2017

Trademark Rule

Chakshu Arora
Tax Professional

Features of Trademark Rule, 2017
June 3, 2018

In India the trademark registration is followed by some rules which came into existence from 6th March 2017. These rules came into existence in order to simplify the process of Trademark registration and make it more quickly.

Features of Trademark

There are various features of trademark rules, 2017. It has simplified the trademark registration process very easy. Also, it has increased the efficiency of effective work for trademark registration.

E-Service of documents

Communication sends by trademark office through email will be a complete service. It is not required to send the documents through the post. It will be helpful to increase the speed of registration process.

Hearing via Videoconferencing

Any hearing can be conducted through video conferencing and by the way of any other audiovisual also. This step is taken in order to achieve the better efficiency.

Increase in the fee amount

As this step plays an important role in the trademark registration for the applicant. The fees have been increased 100% for the trademark application in single class.

As it has been increased to INR 9000 from INR 4000/-

Reduction in the number of forms

There is a large number of forms has been cut down. All kinds of trademark registration applications such as:

  • Collective marks
  • Single Class
  • Multiple Class, etc can be filed in the same form.

Now there is no need to fill the separate form for each category. Contested proceedings like

  • Rectification
  • The opposition can be done through a single form.

Step seems to be very positive as it reduces the cost, also it is less time-consuming. It makes the entire process easy and more comfortable.

Reduction in Adjournments

According to the new trademark rules, under rule 50, at the time of the hearing, no party is entitled to ask for two adjournments altogether. And this steps will effectively helpful to dispose of the matter on time.

Quick process of Application

According to the new rule, request for express trademark registration can be made by the applicant. Trademark registration applicant needs to pay the additional fees. After paying the additional fees

  • The examination
  • Hearing, and
  • Registration of an application will take place.

In respect of this process, it is mandatory for an applicant to file the online request. The application process for the registration of a trademark has been made more easy and quick. However, this rule is applicable and available up to the stage of the examination.

Small Manufacturing Enterprises

It is more helpful even for small enterprises also as the investment in plant and machinery does not exceed INR 10 crore. However, it can not be less than INR 25 lakh.

Medium Manufacturing Enterprises

In the case of medium manufacturing enterprises, the investment in plant and machinery will be more than 5 crores. And the investment in plant and machinery cannot exceed INR 10 crore.

Medium Service Enterprises

Medium service enterprises are those whose investment in the equipment is less more than 2 crores and less than 5 crores.

Indian applicant for trademark registration needs to furnish the financial statement in order to claim entity status.

Separate fee structure

There is a separate fee structure for

  • An individual
  • Startups
  • Small enterprise
  • Medium enterprises, etc.

However, there is a difference of 50% in the fee structure between the applicant of different categories given above. The fee structure for individuals, small enterprise, and startups are given below

  • Fees for physical filing is INR 5000
  • For e-filing is INR 4500

Fees structure for others are given below

  • INR 10,000 for physical filing, and
  • INR 9000 for e-filing
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