The Good, Bad, and Challenges of the New Trade Mark Rules, 2017

This article looks at how the new Trade Mark Rules, 2017 fare in terms of streamlining the function of the Trade Marks Registry and embracing technology to expedite the process.

The Trade Marks Registry has notified the new Trade Mark Rules, 2017. The changes when looked at from the viewpoint of streamlining the functioning of the Trade Marks Registry and embracing technology to expedite the registration process are laudable. We thought to analyze these changes and how they will pan out in practise. We have classified them in three buckets: good, bad, and challenges

Good

1. Reduction in the number of forms for each activity during the lifecycle of a trademark. Now, there are only eight forms in totality from the earlier 75 forms. The reduction in the number of forms will simplify filing/s for applicants as a single form can be used to cover multiple tasks, although these are required to be filed separately.

2. To encourage online filing, the Registry has incentivized the agent/applicant to file applications/documents electronically/online and pay 10% less fees on such filing.

3. To encourage individuals, start-ups, and small enterprises to create and protect their brand, further reduction has been offered in official fees.

4. Procedure for recording a mark as “well-known” has been laid out, including publication of a well-known mark for objection by a third party before granting coveted status of the “well known” mark.