The proposed changes in the draft Trademark Amendment Rules, 2015, are the following:
Application With Brief Description – All applications shall have to be filed with a mandatory brief description of trademark of goods or services in words .
Increase in Application Fees : The following types of application will require payment of enhanced fees by 100% from what is existing as on date :
a.Trademark Registration – from Rs 4,000/- to Rs 8,000/–
b.Trademark Renewal – from Rs 5,000/- to Rs 10,000/–
c.Trademark Restoration – from Rs 5,000/- to Rs 10,000/-
Additional Fees For Manual Filing : The Schedule 1 of the proposed rules emphasise the online filing of applications. Hence, on manual filing , there shall be an additional 10% fees over and above the changed .
Declaration Of Well Known Trade Marks : A welcome proposals by the well known brand owners to approach the Trade Marks Registry with a declaration that their trademark is a “well-known” trademark for inclusion of their trademark in the list of well known TM’s . The Registrar will decide as to whether a mark is well known or otherwise .
The official fee for inclusion of the trademark in the well-known list of TM’s is Rupees One Lakh ( or approx USD 1520) .
Registration of Sound Marks : A new provisions for registration of Sound marks has been incorporated . Whereas, Rule27 (5) lays that the Sound marks i.e a sound file are to be submitted in MP3 format , not exceeding 30 seconds , with the graphical symbolization of the same.
Fast Processing of Applications: There shall be fast processing of the applications including incidental proceedings i.e hearing, publication, opposition, etc.
Fast Disposal of Notice of Opposition – A person can file their written statement cum reply as soon as the notice of opposition is put for display on the website of Trade Marks Registry. This will expedite the disposal of notice of opposition.
With new proposed amendments , the online display or publications shall be considered to be service of notice of opposition itself.
Affidavit With Evidence of Use: It will be mandatory to file all applications alongwith an affidavit enclosing evidences to sustain the period of use. However, this will not be applicable to those applications filed for intent to “use” .
NICE Classification: The NICE classification will be followed. Further, the Registrar shall also publish a class wise and alphabetical index of list of goods and services including those of Indian origin.
Revised Forms: The revised and simplified forms are as below :
|FORM TM- A||For Registration of Goods and Services|
|FORM TM-C||For Searches and Certificates.|
|FORM TM-R||Application for all Renewal.|
|FORM TM- P||Applications for amendment for description of goods & services etc .|
|FORM TM-O||Application for Oppositions|
|FORM TM-U||For Registered Users.|
|FORM TM-G||For Trademark Agent.|
Let’s hope that the proposed changes if incorporated will result better days in Trademark Registration & Protection in India .