In an effort to streamline, simplify and expedite the trademark registration processes, the Government of India has replaced the Trade Marks Rules 2002, with a forward looking and more progressive Trade Mark Rules, 2017.
Some of the salient features of the new rules as reported by Indianceo are:
- Reduction in the number of trademark forms from 75 to 8: while earlier there used to be one form for each type of application, it is now a single form for requests related to each separate stage of the application life cycle, such as filing, search, opposition, and renewal, among other types; trade mark applications, whether single class, multi-class, collective marks, can now be done now through the same form; contested proceedings such as oppositions or rectifications may be registered through a single form.
- Hearings in connection with proceedings, will now be allowed through video conferencing or other audio-visual communication devices. The 2002 rules did not have this feature.
- Sound marks and three dimensional marks will now be accepted for registration. This is a new provision. For registering sound marks, the rule states, “Where an application for the registration of a trademark consists of a sound as a trademark, the reproduction of the same shall be submitted in MP3 format not exceeding thirty seconds’ length and recorded on a medium which allows for an easy and a clearly audible replaying, and which is accompanied with a graphical representation of its notations.” Registration of 3-D marks includes the shape and packaging of goods.
- Electronic filing and service of documents is encouraged. A fee that is 10% less than for physical filing has been provided for e-filing. Communications which are sent by the Trade Mark office through email will be accepted as completed service. It will not be required to serve documents through the post.
While there is a significant increase in the fees, as for example, renewing a registered trademark will now cost Rs. 10,000 or about $150, (up from the earlier Rs. 5000 0r $75), the 2017 rules are forward-looking and include technology to speed up the system.