India Adopts New Trademark Rules
India’s Department of Industrial Policy and Promotion (DIPP) officially ratified new rules to the country’s existing trademark law on March 6. The new measures largely aim to streamline the trademark prosecution process in India, and to improve the recognition of well-known marks at the registry level. The new rules also increase trademark filing and renewal fees.
Under the Trade Mark Rules, 2017, efficiencies will be improved by a reduction in the required number of trademark application forms, from 74 to eight, and by encouraging e-filing of trademark applications with a 10 percent reduction of fees for those using the automated system. The new rules create a list of well-known trademarks, maintained by the DIPP, in which foreign brand owners may apply to the registry to have their marks identified as ‘well-known’ and be included on the list. The new rules also implement a 125 percent increase in trademark filing fees, and a nearly 100 percent increase in renewal fees.
The new rules, notified under the Ministry of Commerce and Industry, will replace the rules instituted in 2002.
