All you Need to know about New Trademark Rules

Key highlights of the New Trademark Rules are enumerated below:

All you Need to know about New Trademark Rules

Sound Trademark statutorily recognized– 

The New Trademark Rules statutorily acknowledges and mentions concerning sound logos in Asian country. Rule 26(5) of the foundations during this context states that wherever associate degree application for registration of a trademark consists of a sound as a trademark, the copy of identical shall be submitted in MP3 format not extraordinary thirty seconds’ length recorded on a medium that permits for simple and clearly perceptible replaying accompanied  with a graphical illustration of its notations.

Here it'd be relevant to say that earlier sound logos are registered (Yahoo! Yodle, ICICI jingle), but specific necessities for filing sound trademark are specifically noncommissioned for the primary time.

Hike in Trademark Filing Fees structure- 

1st Schedule of recent Trademark Rules provides for a major hike in filing of trademark applications and allied applications. as an example, the filing fee of a mark in one category has been raised from Rs. 4000 to Rs. 10000.

The revised fee structure to file a trademark application may be accessed here.

E-Filing Incentive

Subsidized filing fees for people and startups- 

The Schedule demarcates fee structure for people, startups et al.. as an example, Filing fee for people and startups is Rs. 5000 only.

E-filing Incentivized- on-line filing of logos has been discounted by 100 percent in a very move to encourage on-line filing.

To file a trademark on-line go here.

TM may be filed furthermore- acknowledged marks– 

The New Rules lays down provision for filing marks as well acknowledged. Rule 124 provides that associate degree applier could request for determination of a mark as a widely known mark amid a press release of case alongwith proof and documents and prescribed fee of Rs. 1,00,000.

Express Registration of applications- Another fascinating feature incorporated beneath the New Rules in Rue thirty four that provides for speeded up process of applications. It provides for examination of application inside three months from filing and prompt process thenceforth. the foundations conjointly empowers the Registrar to limit the quantity of applications accepted for specific registration.

Electronic service of documents recognized- Keeping pace with the speedy technological advancement, the New Rules conjointly acknowledges receipt of e-mails as a legitimate service of documents by the Registrar. This provision would additional aid in expediting process of applications.

Hearings through Video Conferencing- 

New Rules (Rule 115) offer for hearings through mode of video conferencing and different audio- video communication devices.

TM Forms reduced- Trademark Forms are slashed from seventy four to eight.

Limited Adjournments-

 Rule fifty limits the quantity of adjournments by associate degree applier to 2 and additional provides that adjournment may be wanted solely on mentioning of affordable cause by the applier.

The New Rules replicate each endeavor to create the process of trademark applications digitized, simpler and speedy. the foundations enumerate some major and noteworthy inclusions like backed filing fee for startups. This provision would except for encouraging startups shield their science would conjointly assist in creating Asian country associate degree IP- intensive nation.

Bulky and cumbersome procedures concerned in process of atomic number 69 applications have usually been cited as a significant loophole in social control and protection of logos in Asian country. the newest rules curtailing the frequency of adjournments and desegregation precepts like hearings through video conferencing, e-service of documents by register and discounted fees for e-filing would create Indian science Law additional lucid and fewer Byzantine.
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