The DIPP (Department of Industrial Policy and Promotion) had recently notified the amended Trademark Rules, 2017. The notification was released on 6th March, 2017 amidst intense speculation in the IP fraternity. The amended rules primarily seek to simplify the process of trademark filing and prosecution.
It is interesting to know that the amended rules have cut down the number of trademark application forms to eight from seventy four and has also scrapped several redundant and obsolete provisions.
The following table provides a better sagacity into the use of each new form.
|
S.No. |
Trademark Form |
Actions that can be taken under the forms |
|
1. |
TM-A |
a) Application for registration of trademark for goods or services under one or more than one class under Sec 18(1) or 18(2) b) Application for registration of Collective Marks for goods or services under one or more than one class under Sec 63(1) c) Application for registration of Certificate Marks for goods or services under one or more than one class under Sec 71(1) d) Application for registration of trademarks asseries for specification for goods or services under one or more than one classes under Sec 15 e) Application for registration of an application as a convention application under one or more than one classes The form also provides the option to either file as an individual/sole proprietor, a startup, a small enterprise or any other option. |
|
2. |
TM-M |
a) Any Request for amendment under rule 37 or any correction of a clerical error in a Trademark application. b) Seeking grounds of decision of Registrar or any review of the registrars decision c) Asking for extension of time for d) Request for certified copy/Duplicate Registration certificate/inspection of document e) Request to registrar for particulars of advertisement/seeking grounds of decision of Registrar/enter in the register and advertise a note of certificate of validity under rule 127 f) Application for deposition of regulation of collective mark/certificate mark g) Seeking Registrar’s preliminary advice h) For divisional application i) Application for reviewing Registrar’s decision j) Petition for obtaining registrar’s order for any interlocutory matter in contesting proceeding k) Any other matter not covered in other TM forms l) Application for expedited certificate of registrar m) Application for certified copies of documents for proviso to rule 122 n) Application for expedited process for registration of TM o) Application to include a Trademark in the list of well-known TM |
|
3. |
TM-R |
a) Application for renewal of TM for each class |
|
4. |
TM-C |
a) Application for Search certificate request under rule 23(3) b) Request for an expedited search and issuance of certificate under rule 23(3) |
|
5. |
TM-O |
a) Application on notice of opposition under Sec 21(1),64,66 or 73 b) Counter Statement For Collective/Certification c) Rectification/Cancellation A Trade Mark d) Application for rectification of register under Sec 47-57,68,77 e) Remove The Registration Of Collective / Cancel / Vary Registration OfA Certification Mark f) Application under rule 99,135,140 Application under Section 25 of GI of Goods Act |
|
6. |
TM-P |
a) Request to replace subsequent proprietor as registered proprietor on register b) Application for certificate of registrar under Sec 40(2) c) Approval of registrar of assignment d) Direction of Registrar for advertisement of assignment without goodwill e) Application to add or alter a registered TM under Sec 59(1) f) Conversion of specification under Sec 60 for each trademark g) Application to change the address for service in India of a registered proprietor h) Application to change the address of a registered proprietor or user in India i) Request for cancellation of an entry in registered or part under Sec 58 |
|
7. |
TM-U |
a) Application for recordal of registered user b) request for amendment in details of registered user c) application for cancellation or variation of registered user d) application to intervene proceedings by 3rd party |
|
8. |
TM-G |
a) Application of registration of a TM Agent b) Request for continuance of a TM Agent c) Restoration of a TM Agent name in register d) Alteration of any entry in the register of TM Agents |
|
9. |
Misc. Reply |
a) Reply to formality check(MIS-F) b) Reply to examination report(MIS-R) c) Reply to other official communications(MIS-O) |
It is to be noted that in a step to encourage online trademark filings, a 10% discount is being provided for the same with respect to every kind of application. Further, in order to make the whole application process simple, the naming of forms has been done according to the type of application. For instance, TM-R stands for Renewal or Restoration application, TM-C stands for Copyright Search Certificate,and TM-U stands for Registered User Applications and so on.
Authored by the Nikhil Kumar, Trade Mark Division at BananaIP Counsels
