Title: Rules which has to be followed for trademark registration in 2018
1Rules which has to be followed for trademark
registration in 2018
New Rules for trademark registration in
Coimbatore 2018
2- By having the intent of fastening the procedure
of trademark filing while decreasing delays in
the process, the government of India have taken
the action to draft a new set of rules. - A proclamation regards the draft rules for
trademarks has been published by the government
of India in November 2015, inviting objections
and suggestions from the people who are likely to
be affected by the said rules.
With the view of the proposal received and the
objections raised, the central government has
developed the trademark rules 2017 it replaces
the trademark rules 2002. It came into effect on
6th March 2017 and it continues in 2018.
3The number of forms has been reduced from 75 to 8
The number of forms which we are using
in trademark registration process in Coimbatore
has been reduced drastically, unified and
simplified to a total of eight from 75 forms that
were earlier used. The use of alphabets like
forms TM-A for applications and Form TM-O for an
opposition that makes it comfortable to identify
the purpose of the form as against the earlier
numbering of forms. All the trademark
applications whether single class, multi-class,
collective marks etc. can be done through the
same form.
4The new category of applicants
A new category of applicants namely small
enterprise, start up and individual has been
added and the fee will be paid for this category
is 50 lower than the fee for all the other
categories.
The fee for this category is lesser than the
other category. The lower fee for small
enterprises and start-ups has been implemented to
provide an incentive to them in order to file a
trademark application.
5The radical increase in the fee
The fee has been radically increased by almost
100. There could be many cases for the same that
may consist of avoiding the petty filing of
trademarks by the people in order to take the
careless commercial leverage of the registered
trademark.
6Quicken the processing of trademarks
- As per the rule 34, provide for quick processing
of trademark registration in Coimbatore at each
stage includes the examination, hearing, and
registration as against the earlier rules. - The processing can be made in Form TM-M only
through e-filing, mentions the reason for
expediting the process. The fee which is to
expedite the application will be five times the
fee for filing the trademark application. - Renewal of registration can be filed in Form
TM-R it has to be done before the expiration of
the registered trademark. - Now, it becomes mandatory that the applicant
needs to file an affidavit along with the
supporting evidence in order to claim the use of
the mark which earlier was at the discretion of
the examiner.
7Sound marks are made effortless to the register
The procedure which needs to follow for sound
marks has become uncomplicated. The applicant
of a sound marks has to submit the MP3of the
particular mark that needs to be more than 30
seconds in length along with a graphical
representation of the sound notations.
Such application has to be filed on Form TM-A.
Previously, the application to file the sound
mark was done by exhibiting them graphically
through the notes or by spelling out the tune
which was required to be filed by the applicant
of the trademark.
8Electronic service of the documents
- The new rule that administers for electronic
service of documents includes all the statements,
application notices, and the papers having
representation or any other document. - E-mail may be used as a channel to send the
official communication by the trademark registry
and it will be treated as a full service. - The e-mail which has been sent will amount to
service of a document on the applicant. This may
remove the need for the documents to be sent
through post avoiding the unnecessary delays.
93-D marks are made registrable
This consists the trademark registration of
packaging and shapes. The application for 3-D
marks is filed in Form TM and it will be
specifically stated as that mark is 3D-mark.
2-dimensional graphics reproduction of the
trademark has to be furnished in three different
views. In case the registrar acknowledges that
a trademark is not a 3D-mark, then he would
instruct the applicant to furnish up to five
different views of the trademark and description
of the words and if required, additional
description, a specimen of the trademark has to
be submitted.
10Hearing of the matter through video conferencing
In a move to expedite the process, rule 115
provides that hearing of matters can be conducted
through video conferencing or any other means of
audio visual communication. This might greatly
help to reduce the inconvenience forced by the
applicants to be physically present at the
location, thus saving them on time, money and
effort.
11List of well-known marks
- As under the rule, 124 states that any person
enlists a mark as a well-known mark along with a
statement of the evidence, case, documents and a
fee. - Prior to makes a decision, the registrar should
invite the objections from the general public. - The Department of Industrial Policy and the
Promotion will maintain a list of well-known
trademarks. - This is actually a very positive step to improve
the image of India in providing the protection to
known trademarks.
12- Limitation and reduction in the number of
adjournment - Rule 50 provides that during an opposition
hearing, a party would not be entitled to ask for
more than the two adjournments, which reduces the
time for taking the final decisions and
thus registration of trademarks in Coimbatore. - Hereby, I concluded that all these new changes in
the rules regarding the trademark registration in
India will surely enable to speedily and easily
acquire a trademark and further, it may enhance
the ease of doing the business in India which is
actually a primary need of India in order to
financially and socially develop itself.
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