India notify the Trade Mark Rules, 2017 (new Rules) replacing the Trade Mark Rules, 1999 (old Rules) with effect from March 6, 2017.
The salient features of the new Rules are as under:
- Sound mark
New Rules includes provisions for registration of sound marks. You need to provide MP3 file (maximum of 30 second) along with a graphical representation of the musical notations. - Well known mark
Under the new Rules, you can apply for determination of your trademark as well-known mark. Upon registration of your mark as the well-know mark, you will able to prevent infringement in all categories of goods or services. This will give you the strongest protection for your mark and also save litigation cost.If your trademark is a famous mark then you should consider filing an application of determination of your mark as well-know mark. Filing fee INR 1,00,000/- (USD 1,500/-) is insignificant considering benefits of well-know mark. - User claim and affidavit
You need to file an affidavit, alongwith supporting documents, if you want to claim prior use of your trade mark. - Renewal
Under the new Rules registered trademarks can now be renewed within one year before the expiry as opposed to 6 months under the old Rules. - Reduce number forms.
Number of forms under the new Rules have been reduced from 78 to eight. - Change in fees
Filing fees under the new Rules has been increased almost by 100 %. It also provide the special discount of 10% in case of e-filing.Trade mark filing fees for Indian and foreign Individual, start up and small enterprise is Rs. 5,000/- (USD 75/-) and Rs. 10,000/- (USD 150/-) for others.Startup means an entity, incorporated or registered in India:within five years annual turnover not more than INR 25 crore (USD 3.76 millions) in any of the financial year driven by technology or intellectual.
For more details visit http://www.startupindia.gov.in
In case of a foreign entity fulfilling the criteria for turnover and period of incorporation / registration as per Startup India Initiative has to submit declaration to that effect.Small Enterprise means- In case of an enterprise engaged in the manufacture or production of goods, an enterprise where the investment in plant and machinery does not exceed 5 crores (USD 0.75 millions)
- In case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than 2 crores (USD 0.3 millions)
- In Indian entity can register as small enterprise at http://udyogaadhaar.gov.in/UA/UAM_Registration.aspx
- In case of Foreign entity need to submit documentary proof to the above effect.