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Saturday, June 3, 2017

Trademark Amendment Rules 2017

Trademark Amendment Rules 2017 have been notified from March 6, 2017. The positive feature of amendment is that now only few forms are applicable for various proceeding. The dichotomy in practice where ordinary Applicant was supposed to pay for extra character as well as association with earlier mark, whereas those entering through Madrid were exempted, is done away with.

The drawback is Govt fee has been increased  up to 125% for various services. But the impact is minimum for natural persons, small entity and start ups where increase in fee is only 12.5% for e-filing and 25% for physical filing. Earlier it was possible to file single request for post registration changes and add other registration no. where similar changes were required, now separate application needs to be filed.

The provision as to declaration of a mark as well known mark on payment of fee by Registry is somehow controversial provision, as earlier only the Court and IPAB were vested with such powers. Now it needs to be seen what marks are declared as well known by registry. If used carefully, this provision may save substantial costs towards infringement and passing off action, as such declaration would come handy for the holders of well known mark.

Besides the above amendments the TM Registry has reduced the examination time to one month for newly filed applications.

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