Amendments to Indian Trademark law and practice

Trade Mark Rules i.e. adoption of all 45 international classes. Earlier international classes 43, 44 and 45 had been merged in class 42 in India, but from Might 20, 2010 separate application has to be filed for services covered under International class 43, 44, 45.

Yet another alter in insertion of proviso to Rule 62(three), that gives for issuance of copy/ duplicate registration certificate with out any additional cost, if the Registrar is satisfied on a claim of Registered Proprietor supported by evidence that registration certificate has not been received by him. But further proviso specifies that no such copy/ duplicate registration certificate shall be issued where such request is received following expiry of time limit for renewal or registration or restoration of the registered trade mark.

Further, recently the Controller General Of Patents, Designs and Trademarks has published a public notice dated September 23, 2010 inviting attention to Gazette notification no. G.S.R. 731(E) dated September 7, 2010 by Ministry of Commerce and Industry (department of Industrial Policy and Promotion) has invited objections and suggestion to proposed amendment to Trade Marks Rules 2002 by Trade Marks(Amendment) Rules 2010. The objections or suggestions can be forwarded before October 31, 2010 to Trade Marks office.

In essence following changes are sought to be produced:

1. Provisions as to request for TM Search ordinary as well as expedited (on Form TM-54 and TM-71 respectively) are sought to be omitted.

2. Comparable provisions as to TM-11 (request for search and issuance of certificate so as to resembling name of Firm or proposed name of organization) and TM -75 omitted.

3. The Govt fee in respect of a Trademark sought to be increased by 40% (Rs 2500 to Rs. 3500 per mark per class)

Delhi trade mark registry has also geared up for expediting the examination procedure and total time frame for registration and has directed for supplying user affidavit in support of user along with filing for fresh applications and also for pending applications that are but to be examined.

In a further step to attain complete transparency in the Trade Marks Registry, Office of the Controller General of Patents, Design and Trade Marks, India has made accessible to the public total details of pending Trade Mark Applications, Registered Trade Marks such as the Prosecution History, Examination Report, Copy of the Application, e-Register of Trade Marks, Copy of the Trade Mark Certificate, Opposition details etc.