Reduction of forms from 74 to 8 and increase in fees in the newly notified Trademark Rules, 2017
The new Trademark Rules, 2017 have been announced by the Department of Industrial Policy and Promotion (DIPP). Two significant changes have been introduced through this notification, namely forms decreased from 74 to 8 and fees hiked from four thousand to ten thousand Indian rupees for trademark applications.
The charge for electronic filing has been settled at nine thousand Indian rupees in order to encourage filing of trademark applications through the e-filing process. In addition to the above, charges incurred by startups and small scale enterprises has been reduced from eight thousand Indian rupees to four thousand five hundred Indian rupees.
The new fee structure is provided below:
- Assignment recording - Rs. 10,000
- Addition of an individual as a registered user - Rs. 5,000
- Extension of time, certified copy of registration certificate or duplicate registration certificate - Rs. 1,000
- Expedited processing of an application - Rs. 40,000
- Handling fees for Madrid Applications - Rs. 5,000.
Faster process for Trademark application: Rule 34 of the trademark rules allows a faster process for application processing right from the examination period till the time the mark is registered. Trademark hearing conducted through video conferencing has been introduced along with the adjournments request in opposition matters restricted to 2 by both parties. The email communication issued by the trademark office in accordance with rule 18 would be taken as complete service.
Well-known trademarks: The charge for the registration of a ‘well-known’ trademark is one lakh Indian rupees. In accordance to rule 124 any individual is entitled to file an application for the registration of a mark as a ‘well-known’ mark by providing a case statement, evidence and relevant documentation.
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