Trademark rules reformed

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The Trade Marks Rules, 2017, have replaced the Trade Marks Rules, 2002, with a view to bringing about radical changes in the trademark registration process. Key changes include:

New forms

The forms for filing and related matters have been consolidated from 74 forms under the 2002 rules to only eight forms. However, the information to be provided in the new forms is similar to the information required under the 2002 rules.

Affidavit

In the case of a prior user-based trademark application, an affidavit to support usage of the mark in India must be filed at the time of filing the trademark application. This is a new requirement. The 2017 rules do not prescribe the format of the affidavit or the nature of the supporting documents to be provided. However, based on our discussions with the Trade Marks Registry, it seems that documents such as sales invoices, purchase orders and statements of account, which show the use of the mark for relevant goods or services for each year of usage in India, can be filed. A foreign company that does have all these documents easily available can file any other evidence to show usage in India, such as press coverage, photos at trade fairs, awards and accolades, etc., in India. It will however be the registry’s decision whether to accept the information provided. In our view, this is a progressive change as collecting usage information at the time of filing the trademark application will help the registry official to verify the user claim at the time of examination of the mark. This should help in expediting the trademark registration/prosecution as well as refusal of a false claim of user.

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The business law digest is compiled by Nishith Desai Associates (NDA). NDA is a research-based international law firm with offices in Mumbai, New Delhi, Bengaluru, Singapore, Silicon Valley and Munich. It specializes in strategic legal, regulatory and tax advice coupled with industry expertise in an integrated manner.

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