Trademark rules 2017

Trade Mark

1. TRADEMARK RULES 2017 Effective From 06 th March 2017 PRESENTED BY:- CS AMIT KAUSHIK

2. MEANING OF TRADEMARK A symbol, word, or words legally registered or established by use as representing a company or product.

3. A Trademark may be designed by the following symbols:- – ( for an Unregistered Trademark, that is a mark used to promote or brand goods) - ( for an Unregistered Service Mark, that is a mark used to promote or brand goods) - (for a Registered Trademark)

4. Trade mark Application filing in TM-A E-Filing or Physical Issuance of receipt from Trademark registry Issuance of Examination Report ACCEPTED OBJECTED REGISTRATON PROCESS

5. REPLY OF EXAMINATION REPORT WITHIN 30 DAYS FROM THE DATE OF RECEIPT OF EXAMINATION REPORT SHOW CAUSE HEARING Accept for Registration Refuse for Registration Advertise in the Trademark Journal (For four months)

6. OPPOSITION NO OPPOSITION OPPOSITION PROCEEDING ISSUANCE OF THE REGISTRATION CERTIFICATE BY TRADEMARK REGISTARY (Approximately 24 to 36 months from the date fo filing of application)

7. TRADEMARK CLASSES 1 TO 45 1 TO 34 35 TO 45 GOODS AND PRODUCTS SERVICES

8. Key Points of Trade Mark Rules 2017 1. Number of Trade Mark Forms reduced from a Total of 74 Forms to just 8 Forms. 2. The Fees of Online Filing is 10% less than the fees for Physical Filing. 3. Relaxation of fees for Small Enterprises and to an Individual. 4. Induction of a Trademark in the list of well known Trademarks.(Rule 124) 5. Provisions relating to Expedited processing of an application for registration have been extended right up to registration stage.(Rule 34)

9. 6. The Govt. fees under Expedited processing for individual is Rs. 20,000 and for small enterprises is Rs. 40,000. 7. Expedited processing only available through E-Filing Mode. 8. Hearing Through Video conferencing has been introduced.(Rule 115) 9. Certification and Transmission of International Application to International Bureau MM2(E) is not allowed through Physical Filing. 10. Entries in Fees Schedule I reduced from 88 to 23. 11. Number of Adjournments in Opposition proceedings has been restricted to 2 by each party.

10. 12. Request for expedited search and issuance of search certificate within 7 working days upon payment of Rs. 30,000. 13. Assignment of transfer of trademark will be costlier now, as each and every trademark including additional trademark will cost Rs. 9,000 14. Every application for Trade Mark agent under Rule 147 and 149 will accompanied by fees Rs. 4500 15. Any change in entry in the register of Trademark Agent will cost Rs. 900 per entry.