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13.12.2015 10:20

India: Draft Trademark (Amendment) Rules, 2015 published in India

Official fees will be increased again and a fast track procedure for trademark registrations will be implemented.

Trademarks Rules in India are proposed to be amended again. Department of Industry Policy and Promotion, responsible for administration of Indian Trademark Act, 1999 last amended the Rules in August, 2014 and increased the official fees to Rs. 4000 (USD 65) per mark per class. The new Rules propose to further increase the official fees by 100% across the board on all counts (expect for collective mark and notice of opposition) making new official fees for one mark in one class to USD 135 approximately.

Another important feature is the introduction of "fast track" procedure for registration. The current Rules provide for "fast track" examination but no "fast tracking" at other stages. The new Rules propose to provide for a comprehensive "fast tracking" of the application at each stage, be it examination, consideration of response, hearing, advertisement or issuance of certificate by paying one time "fast track" fees.

There are a few other proposals which may not prove practical should the new Rules are implemented and one such proposal is mandatory filing of an affidavit by the applicant to prove the claim of prior use of the mark in India. LexOrbis has prepared a detailed note on the proposed Rules which are available on http://www.lexorbis.com/highlights-of-the-draft-trademark-amendment-rules-2015/. 

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