Historical Background

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2 Historical Background Amendment notified vide gazette notification dated 20/05/2010 and provision related to official search was omitted and classification of goods and services was extended from class 1 to 42 to 1 to 45 as per NICE classification, Amendment notified vide gazette notification dated 29/12/2010 and existing fee was revised (application fee from 2500 to 3500), Amendment notified vide gazette notification dated 14/01/2013 mainly to incorporate provisions relating to International applications under Madrid Protocol), Amendment notified vide gazette notification dated 01/08/2014 and existing fee was revised (application fee from 3500 to 4000), Latest amendment is proposed to replace the existing Trade Marks Rules 2002 by The Trade Marks Rules In this regard TM Rules 2015 was published in November 2015 inviting suggestion/objection from the public and after considering objection/ suggestion the final draft notification prepared.

3 Key Amendments: Number of Trade Mark forms have been reduced from 74 to 8 to make it more user friendly: At present, there are 74 Forms made available to the public for filing request to the TMR. A signed form is available for one particulate type of request. These Form has be redesigned and reduced to 8 which will help to applicant to make request for consideration with better understanding. For Example- 12 types of application form for registration of TM is combined to one and simplified. This this same way request for renewal, post registration amendment, request for registration as registered user, form applicable in opposition proceedings etc. has also been simplified.

4 Key Amendments: cont A number of Trade Mark Rules have been reduced by deleting redundant and obsolete provisions: Complete Trade Marks Rules has been studied and several redundant provision has been proposed to be deleted. It will reduced the applicable number of rules vide TM rules Cheque is proposed to be deleted as acceptable mode of payment: In view of several bouncing of cheque, it is proposed to replace cheque with bankers cheque for mode of payment.

5 Key Amendments: cont Modalities for service of documents from applicants to the Registry and vice versa through electronic means has been introduced to expedite the process: It is proposed to introduces electronic delivery of documents which will help to faster delivery and disposal of application. It will also reduce the pendency in coming days and will also help to streamline the function and bring transparency in the system.

6 Key Amendments: cont Expedite processing of Applications for registration of trademarks: The provision relating to expedited processing of an application for registration of a trade mark has been extended upto registration stage. at present if any applicant filed request for expedite examination, his application has been examined expeditiously but afterwards it merged with normal queue. It is proposed to extend this facility upto registration stage and if request for expedite processing filed, a separate queue will be created for such type of application

7 Key Amendments: In order to promote e-filing of TM applications or various other TM forms, a concession of 10% has been provided in case of online filing of TM applications or various other forms, Concession in application fee and fee for expedite processing is provided for Individuals, Start-ups and Small enterprises, Modalities for determination and maintenance of list of well known trademarks have been introduced, Over all fees have been rationalized by reducing the number of entries in schedule I from 88 to 23,

8 Key Amendments: cont Hearing through video conferencing has been introduced if requested, Number of adjournment in opposition proceeding has been restricted to maximum two by each party which will help dispose matters in time, Procedures relating to registration as Registered User of trademarks have been simplified, Total numbers of Trade Mark Rules have been reduced by deleting redundant and obsolete provisions.

9 Fee increased and rationalized: Fee have been increased and rationalized: fee structure in term of new application are as under- Items Present Revised fee (general) (offline / online) TM Application fee / Class Certification / Collective TM Startup/SMEs/Indi vidual (offline / online) / / / /4500 Renewal of a TM /9000 Same as general

10 Thank you