Trade Marks Rules 2017 Notified by the Government.Number of forms and Fees for Individuals, Start-ups and Small Enterprises reduced
TO BE PUBLISHED IN THE GAZZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRY
(DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION)
Notification
New Delhi the 6th, March, 2017
GSR (E).- Whereas a draft of certain rules, namely, the Trade Marks Rules, 2015 were published as required under sub-section (4) of section 157 ofTrade Marks Act, 1999 (47 of 1999), vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) number G.S.R. 879 (E) dated, the 17th November, 2015, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of a period of thirty days from the date on which copies of the Gazette containing the said notification were made available to the public;
And whereas copies of the Gazette were made available to the public on the 17th November, 2015;
And whereas, objections and suggestions have been received from various persons and stakeholders within the specified period in respect of the draft rules contained in the said notification and all the objections and suggestions have been duly consulted by the Central Government Now, therefore, in exercise of the powers conferred by section 157 of the Trade Marks Act, 1999 (47 of 1999), the Central Government hereby makes the following rules in supersession of the to replace Trade Marks Rules, 2002, except as respect things done or omitted to be done before such supersession, namely:-
PART I
CHAPTER I
PRELIMINARY
1. Short title and commencement. -(1) These rules may be called the Trade Marks Rules, 2017.
(2) They shall come into force on date of publication in the official Gazette.
2. Definitions. – (1) In these rules, unless the context otherwise requires, –
(a) “Act” means the Trade Marks Act, 1999 (47 of 1999);
(b) “agent” means a person authorised to act as such under section 145 of the Act;
Chapter-II Procedure for registration of Trade mark Application
Chapter-III Renewal of Registration and Restoration
Chapter-IV Special Provisions relating to Trademarks through the International Registration under Madrid Protocol
Chapter-V Assignment and Transmission
Chapter-VI Registered User
Chapter-VII Rectification and Correction of Register Alteration or Rectification of Register
Chapter-VIII Miscellaneous
PART-II
Special Provisions for Collective Trademarks
PART-III
Special Provisions for Certification Trademarks
Part-IV
Registration of Trademark Agents
Part-V
Language of Trademark Registry
Part-VI
Repeal
List of Forms
1. Form TM-A Application for Registration of Trademark
2. Form TM-M Application/Request for Miscellaneous Functions in respect of a Trademark/ Opposition/ Rectification under the Trade Mark Act.
3. Form TM-R Application for Renewal/Restoration of registration of a Trademark or for payment of surcharge towards the renewal
4. Form TM-C Application for Search & Certificate under section 45(1) of the Copyright Act, 1957
5. Form TM-O Opposition/Application for Rectification of the Register/Counter Statement /Refusal or invalidation of a Trademark under Geographical Indication of Goods (Regulation and Protection) Act, 1999
6. Form TM-P Application for Post registration changes in the trademarks
7. Form TM-U Application for registration of Registered User/Variation of Registered User/Cancellation of Registered Users and Notice of intention to intervene in proceeding in Cancellation/variation
8. Form TM-G Trademarks Agent Registration/Renewal/Restoration/Alteration
