Salient Features Of Trademark Rules, 2017

With effect from 6th March 2017, the new trademark rules came into existence. The intention is to simplify the whole trademark registration process and make it hassle-free and quick. It would in turn is expected to expedite the overall process of trademark administration.

E-filing and addition of email as an important part of address can be seen as an effort to further promote digitization.

The Trademark Rules, 2017 introduced several significant changes to the trademark registration process in India. Here’s a breakdown of some key features:

Focus on Applicants:

• Reduced Fees: The rules introduced a separate fee structure for individual applicants, startups, and small enterprises. This offers them a significant cost advantage compared to larger companies when filing trademark applications.
• E-filing Promoted: Online filing of applications is encouraged with a fee reduction for e-filing compared to physical submissions. This streamlines the process and improves accessibility.

Enhanced Procedures:

• New Forms: The number of application forms was significantly reduced from 74 to 8, simplifying the application process.
• Expedited Processing: The rules introduced provisions for expedited examination of applications upon request and payment of an additional fee. This can be beneficial for situations where faster registration is crucial.
• Sound & 3D Marks: The rules explicitly allow registration of sound marks (like jingles) and 3D marks (like product shapes) as trademarks, expanding the scope of protectable subject matter.

Improved Enforcement:

• Determination of Well-Known Marks: A formal process was established for requesting the determination of a trademark as “well-known” in India. This strengthens the protection of such marks.
• Video Conferencing: The rules allow hearings during opposition proceedings to be conducted via video conferencing, improving efficiency and reducing the need for physical appearances.

Other Changes:

• Increased Transparency: The rules emphasize transparency by requiring the publication of more information about applications and opposition proceedings.
• Stricter Timelines: Reduced timelines for responding to communications from the Trademark Office ensure a more efficient application process.

Overall Impact:

The Trademark Rules, 2017 aim to make the trademark registration process in India more user-friendly, efficient, and accessible for all types of applicants. The emphasis on online filing, reduced fees for certain categories, and faster processing options are positive steps towards a more robust trademark system.sharemore_vert

E-filing under the Trademark Rules

The Trademark Rules, 2017 significantly promote electronic filing (e-filing) of trademark applications in India. Here’s a breakdown of the key points related to e-filing and fee structure:

Benefits of E-filing:

• Convenience: Applications can be filed online at any time, eliminating the need for physical submissions and postal delays.
• Reduced Fees: The Trademark Rules offer a fee concession for e-filing compared to filing paper applications. This makes the process more cost-effective.
• Faster Processing: E-filing can potentially expedite the processing of your application as it eliminates manual data entry steps.
• Improved Tracking: The online system allows you to track the status of your application easily.

E-filing Process:

1. Registration: Register on the CGPDTM website (https://www.ipindia.gov.in/) to create an account.
2. Prepare Documents: Scan and save all necessary documents like the application form, logo image, and proof of fees in the prescribed format.
3. Online Filing: Fill out the online application form, upload the required documents, and pay the applicable fees electronically.
4. Acknowledgement: You’ll receive an acknowledgement with a unique application number for future reference.

Fee Structure:

The Trademark Rules, 2017 have a differentiated fee structure based on the type of applicant and filing method (e-filing vs. paper filing). Here’s a general overview:

• Individual Applicants & Startups: They benefit from significantly lower fees compared to other categories.
• Small Enterprises: They also qualify for reduced fees compared to larger companies.
• E-filing Fee Concession: An additional fee concession applies to applications filed electronically.

Important Note:

It’s crucial to consult the official CGPDTM website or a trademark attorney for the latest and most accurate information on fee structures as they can be subject to change. The website provides a fee calculator tool that can help you estimate the fees for your specific application scenario based on the category and filing method you choose.

By leveraging e-filing and the fee concessions offered, you can streamline the trademark application process and potentially save on costs while registering your brand identity in India.