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7 March 2017Trademarks

India implements new trademark rules

The Indian government implemented new trademark rules in the country yesterday.

India’s Department of Industrial Policy & Promotion published the new rules, called “Trade Mark Rules, 2017”, which include an increase in the fee for trademark applications.

A physical filing will now cost Rs10,000 ($149) and an e-filing Rs9,000. Physical filings had previously cost Rs4,000.

Under the new rules, the number of forms for processes such as filing, registration and opposition has been reduced from 74 to eight in order to simplify the processes.

To further expedite the registration process, applicants must now submit an email address so that they can be contacted by the office.

In November 2015, draft rules were published. The rules included several amendments to existing provisions.

The draft’s aim was to replace certain rules in the Trade Mark Rules 2002, with the government saying it would exercise its powers under section 157 of the Trade Marks Act 1999 to make new rules.

The expedited opposition process fee has also been increased, from Rs20,000 to Rs40,000 for applicants that are not start-ups, small enterprises or individuals.

The new rules can be viewed in full here.

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Jurisdiction reports
17 September 2019   Indian trademark law follows the “first-to-use” principle. Accordingly, the right of a prior user of a trademark is recognised to be superior to that of a registered proprietor. Even registered proprietors cannot interfere with the rights of an unregistered prior user. This has been re-asserted by Indian courts in several judgments over time.