The Trade Marks (Amendment) Rules, 2014 has been published by the Government of India,
Ministry of Commerce and Industry (Department of Industrial Policy and Promotion)
by notification dated 01/08/2014 in Part II, Section 3, Sub-Section (ii) of the
Gazette Of India, Extraordinary on 01-08-2014 and has been made effective from
the date of publication i.e. 01/08/2014. The said rules are available on the
official website of the Department of Industrial Policy and Promotion
www.dipp.nic.in and of the Office of Controller General of Patents, Designs and
Trade Marks www.ipindia.nic.in.
The
salient aspects of the amended rules include:
- Increase in fee for application for registration of Trademark [FORM TM-1, FORM TM-2, FORM TM-8, FORM TM-37, FORM TM-51 and FORM TM-52] from Rs. 3500/- to Rs. 4000/-.
- Increase in fee for application for the expedited examination for the registration of a trademark [FORM TM-63] from Rs. 12500/- to Rs. 20000/-.
Consequent to
the aforesaid amendment, the Trade Marks Office requested [by public notice dated
07/08/2014 having reference no. CG/PublicNotice/2014-15/51] to all
applicants/agents who have filed trade mark applications/ or request for expedite
examination from 01/08/2014 onwards to tender the deficiencies in fees Rs.
500/- (Rupees five hundred only)/ Rs.2,500/- (Two Thousand Five Hundred Only) [Note:-it
should be Rs. 7,500/- (i.e. from Rs.12,500/- to Rs.20,000/-)] per
application/per request for expedite examination in respect of applications
filed from the date of notification till issuance of this notice, on or before
30th September, 2014.
The registrar shall not act on the matter
until the said additional fee has been paid. The receipt of deficiencies of
fees after the afore-mentioned date shall result in shifting of filing date to
actual date of payment of balance fees.
