Rules which has to be followed for trademark registration in 2018
New Rules for trademark registration in Coimbatore 2018:
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.
The 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.
The new category of applicants:
A new category of applicants’ namely small enterprise, startup 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.
The 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.
Quicken 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.
Sound 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.
Electronic 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.
3-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.
Hearing 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 audiovisual 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.
List 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.
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.