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29.06.2010 18:24

India: Amendments in the Indian Trademark Rules, 2002

The Government of India had in June 2009 published in the Gazette of India the amendments proposed to be made in respect of the Trade Marks Rules 2002. The Central Government has now made the following amendments which may be called as the Trade Marks (Amendment) Rules, 2010. They come into effect as on May 20, 2010.

Duplicate Registration Certificate

The amendment will now enable the Registered Proprietor to obtain a duplicate copy or a copy of the Registration Certificate by proving with suitable evidence that the same was never received earlier, without any further payment of fee. The earlier scenario being that the Registered Proprietor would have to pay the official fee for obtaining the duplicate registration certificate. The only pre condition to this amendment being that the request for the duplicate copy or a copy of the Registration Certificate is made before the expiry of the restoration period of a registered trademark.

Adoption of the 9th Edition of the NICE Classification

The amendment will also enable applicants to now file trade applications in classes 43, 44 and 45 as per the 9th Edition of the NICE Classification. This has now done away with the impediment faced by several foreign applicants especially when claiming priority in classes 43, 44 and 45 which was earlier filed under class 42.

(Source Raja Selvam, SELVAM and SELVAM)

For trademark registrations in India click here.

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