Rules which has to be followed for trademark

registration in 2018

New Rules for trademark registration in Coimbatore 2018:

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• 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.

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 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.

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 The new category of applicants:

A new category of applicants’ namely

small enterprise, start up 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.

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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.

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 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.

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 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.

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 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.

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 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.

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 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 audio visual 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.

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 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.

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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.

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