The Trade Marks Rules, 2017 (New Rules), which repeals the Trade Marks Rules, 2002\u00a0(Repealed Rules), have come into effect from 6 March 2017. The key highlights of the new Rules are broadly set out below:<\/p>\n
New applicant category<\/strong><\/p>\n >Under the New Rules, a new category of applicant has been introduced viz: Start-up \/ Small Enterprises \/ Individual.<\/p>\n Increase in official fees<\/strong><\/p>\n >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 filings, there is 10% concession on official fees for e-filings.<\/p>\n Forms simplified<\/strong><\/p>\n > The Repealed Rules had more than 70 forms \/ applications for various purposes whereas the New Rules have consolidated the same and the number of forms \/ applications has been reduced to 8 (eight). The new forms have been simplified further and are now named using alphabets. For example: (i) Form TM-A for applications: (ii) Form TM-O for oppositions; etc.<\/p>\n Electronic communication<\/strong><\/p>\n >The New Rules set out the modalities for service of documents through electronic communications, from the Trade Mark Registry (TMR) to the applicants. While providing the address for service in India, the applicant is necessarily required to provide an email address as well. Any written communication from the TMR to the postal address or email address as provided shall be deemed to be properly addressed.<\/p>\n User claim made stringent<\/strong><\/p>\n >When a trade mark application is to be filed for the purposes of claiming ‘prior user’, the same has to be supported by an affidavit along with relevant user documents.<\/p>\n