Stuff you need to know about trademarks in India!!
With the beginning of this era of e-commerce, a lot of new startups spend a huge amount of time and money on developing brands and trademarks for their businesses, we were getting a lot of telephonic queries regarding “how to apply for trademarks in India?”, we have prepared this small compilation about the stuff you must know before you file for trademarks in India:
- The government has extended an e-filing facility. One can E-file the forms 24×7 on the website of the government i.e. ipindiaonline.gov.in
- Currently, the fee is Rs 9000/-, but for promoting ‘start-ups’ and ‘small entities’ a rebate of 50% of the fee is there. (This might be subject to change)
- Earlier, there were 74 different Forms under the old Rules for activities connected with the life cycle of a trademark – filing, registration, renewal, oppositions, assignments etc. but now there are 8 comprehensive forms.
- An Affidavit with supporting documents is required for those trade mark applications which need to be filed with a claim of use.
- Status: “Well-Known” . Any person, by filing an appropriate form with fees 1 Lakhs or equivalent along with a Statement of the case supported by documentary evidence, can request the Registrar to determine its mark as ‘well-known’. Before determining a trademark as “well-known”, the registrar may invite objections from the general public to be filed within thirty days from the date of such invitation.
- The Registered person can now file renewal requests within one year before the date of expiration earlier it was six months.
- No extensions are provided in filing evidence in case of Opposition proceedings for the speedy disposal.
- Fast track for processing of applications is being done by the registrar, involving a speedier examination, faster processing at every stage until the grant of registration.
- Counterstatement can be filed in response to “Notice of Opposition” online, this obviates its official service requirement.
- Time for filing ‘evidence in support of opposition’ and ‘evidence in support of application’ is 2 months, whereas, the time for filing ‘evidence in reply’ is 1 month.
- Each party can apply for a maximum of 2 adjournments of a hearing.
- In the case of cancellation actions, if a registered person does not file a counter statement within the prescribed time period, the applicant applying for cancellation can file the evidence without waiting for the registrar’s formal intimation. Also, it is pertinent to note that, registration will not be canceled simply because its registered person did not file a counter statement within the stipulated time.
- In the case of uncontested cases, if an applicant/opponent does not want to pursue an application/ opposition, it should be specifically withdrawn and not abandoned; otherwise, the Registrar can award costs which would be in excess of what it would cost to formally withdraw the application/ opposition in question.
- A provision for attending hearings through video conferencing or other audiovisual communication devices has been made available by the department.
One can also refer to the “Manual of Trade Marks-Practice & Procedure” released by the Government of India in public interest, The same can be downloaded from the link below.
In case of any query, feel free to contact us at +91-7838884545.