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New Trademark Rules India 2017 - Cut Number of Forms from 74 to 8

"The Govt of India has launched the new Trade Marks Rules, 2017, mainly to simplify the processes related with trademarks, improve the overall status of the trademark regime in the country, and to enhance further the ease of doing business in India. Discover the salient features of this new legal legislation."

Finally, the notification regarding the promulgation of the new Indian Trade Marks Rules, 2017, has been issued on 6th March 2017 by the Department of Industrial Policy & Promotion (DIPP). This new Trade Marks Rules, 2017, shall come into force on its publication in the Official Gazette of India. These Trade Marks Rules of 2017 replace the existing Trade Marks Rules of 2002, and are undoubtedly, very conducive to greater Ease of Doing Business (EoDB) in India by Indian and global companies and firms. However, improved facilities are compensated by increased official fees for various processes related with trademarks. This informative and lapidary press release highlights the salient features of this new Indian Trade Marks Rules, 2017, to help Indian and global entrepreneurs and entities concerned with making various trademark processes in India.

  • Reduction in the Number of Forms: --- The Trade Marks Rules of 2017 have reduced the total number of Forms which were in use for various processes related with trademarks and service marks, to only Eight, from as much as 74. These 8 (eight) Forms are the following --- TM-A; TM-O; TM-R; TM-P; TM-U; TM-M; TM-C; TM-G.
  • 50% Discount to Specific Applicants: --- The new Indian trademark rules offer as much as 50% discounts on the official fees to the Individuals, Start-ups, and Small Enterprises, for the purpose of new trademark registrations with or without the expedited application processing as per the Rule 34. For online filing of the registration application, the fees applicable to these applicants will be only INR 4,500. For physical filings of registration applications by the big and old companies and corporates, the official fee is INR 10,000/-.
  • Encouragement to E-filing of Applications: --- The new trademark rules of India encourage online filing and processing of applications related with various processes related with trademarks. The official fees will be 10% less for online filing/processing of applications by the applicants, as compared to the physical filings.
  • Facility of Expedited Processing of Registration Application: --- The Rule 34 of the new trademark rules of 2017 provides provision for expedited processing of all activities related with registration of a trademark/service mark. The application for an expedited processing for registration is to be made in Form TM-M, only through e-filing. The general official fee for such an application is INR 40,000/-. In case, the applicants are individuals, start-ups, or small enterprises, this official fee is only INR 20,000/-.
  • List of Well-Known Trademarks: --- The Rule 124 of the new Indian trademark rules of 2017 enables a trademark owner to request for including his registered trademark into the List of 'Well-Known' Trademarks which will be maintained by the Registrar. Such a request is to be filed online in Form TM-M; and the applicable fee for inclusion of one trademark only into the list is INR 100,000/-.

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