The Government of India notified Trade Mark Rules, 2017 with effect from 06 March 2017 with a view to simplify and speed up the entire process of trade mark administration. With a strong thrust towards digitalizing the entire administration incentives have been provided for digital filing and electronic communication. These Rules detail the working of Trade Mark office along with Trade Marks Act, 1999.
The Trade Marks Rules,2017-
The Trade Marks Rules, 2017 (New Rules), which repeals the Trade Marks Rules, 2002 (Repealed Rules), have come into effect from 6 March 2017. The key highlights of the New Rules are broadly set out below:
- New Applicant Category- Under the New Rules, a new category of applicant has been introduced viz: Start-up / Small Enterprises / Individual.
- Increase in official fees- There is a steep 100% increase in fees for most applications / requests. The New Rules provide for a 25% increase in trade mark application fee in case of an individual / start-up / small enterprise applicant. For other applicants, the trade mark application fee has increased by 150%. With a view to encourage electronic.
Startups means an entity, incorporated or registered in India, not prior to five years, with annual turnover not exceeding INR 25,00,00,000 in any preceding financial year and working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property.
Small Enterprises are the enterprise engaged in the manufacture or production of goods, where the investment in plant and machinery does not exceed the limit of INR 10,00,00,000 and in case of an enterprise engaged in providing or rendering of services, where the investment in equipment is not more than the limit of INR 5,00,00,000.
Sound Marks- Prior to the Trademark Rules 2017, the practicality of registering sound marks were quite difficult. While applicants would file applications to record sound marks by representing them graphically