Trade Mark

1. TRADEMARK RULES 2017
Effective From 06th March 2017

2.  A symbol, word, or words legally registered
or established by use as representing a
company or product.

3.  – ( for an UnregisteredTrademark, that
is a mark used to promote or brand goods)
 - ( for an Unregistered Service Mark,
that is a mark used to promote or brand
goods)
 - (for a RegisteredTrademark)

4. Trade mark Application filing inTM-A
E-Filing or Physical
Issuance of receipt fromTrademark registry
Issuance of
Examination
Report
ACCEPTED OBJECTED

5. REPLY OF EXAMINATION REPORT
WITHIN 30 DAYS FROMTHE DATE OF
RECEIPTOF EXAMINATION REPORT
SHOW CAUSE
HEARING
Accept for
Registration
Refuse for
Registration
Advertise in the
Trademark Journal
(For four months)

6. OPPOSITION NO OPPOSITION
OPPOSITION
PROCEEDING
ISSUANCEOFTHE REGISTRATION
CERTIFICATE BYTRADEMARK
REGISTARY
(Approximately 24 to 36 months from
the date fo filing of application)

7. TRADEMARK CLASSES
1 TO 45
1
TO
34
35
TO
45

8.  1. Number ofTrade Mark Forms reduced from a
Total of 74 Forms to just 8 Forms.
 2.The Fees of Online Filing is 10% less than the
fees for Physical Filing.
 3. Relaxation of fees for Small Enterprises and to
an Individual.
 4. Induction of aTrademark in the list of well
knownTrademarks.(Rule 124)
 5. Provisions relating to Expedited processing of
an application for registration have been
extended right up to registration stage.(Rule 34)

9.  6.The Govt. fees under Expedited processing for
individual is Rs. 20,000 and for small enterprises is
Rs. 40,000.
 7. Expedited processing only available through E-
Filing Mode.
 8. HearingThroughVideo conferencing has been
introduced.(Rule 115)
 9. Certification andTransmission of International
Application to International Bureau MM2(E) is not
allowed through Physical Filing.
 10. Entries in Fees Schedule I reduced from 88 to
23.
 11. Number of Adjournments in Opposition
proceedings has been restricted to 2 by each party.

10.  12. Request for expedited search and issuance of
search certificate within 7 working days upon
payment of Rs. 30,000.
 13. Assignment of transfer of trademark will be
costlier now, as each and every trademark
including additional trademark will cost Rs. 9,000
 14. Every application forTrade Mark agent under
Rule 147 and 149 will accompanied by fees Rs. 4500
 15. Any change in entry in the register of
TrademarkAgent will cost Rs. 900 per entry.