Effective March 6, 2017, new trademark rules issued by the Indian Trademark registry came into effect. Official fees for all matters (except for filing collective and certification marks) have been increased. For trademark filing, change of proprietor by assignment or otherwise, the increase is 125%, and for trademark renewals the fee increased 80%. Some additional changes include: Additional 10% fee for physical filing of document Renewal can be filed one year prior to the date of expiration Applications for a sound mark to be accompanied by a MP3 format, not to exceed 30 seconds in length and a graphical representative of the sound notations.
A new automated process for issuing trademark registration certificates came into effect in India on August 1, 2016. Most certificates will now be generated through an automatic system and sent to the applicant, or their authorized agent via email. Applicants and agents are asked to ensure that email addresses are provided at the time of application. Certificates will also be available on the trademark office’s website for download and printing. Source: ITMA
Effective January 1, 2016 the Indian Patent Office introduced a new numbering format when issuing application numbers for patents. The numbers now contain 12 digits; the first 4 numbers stand for the year the application was filed. The 5th digit stands for the Jurisdiction of the Patent Office (1 for Delhi, 2 for Mumbai, 3 for Kolkata, 4 for Chennai).
Amendments to existing patent rules entered into force on May 16th which include a reduction in the time taken for responding to an examination report/office action from 12 months to six months. An extension of up to three months is permitted for requests made before expiry of the six month period. The rules will also now allow applicants to delete claims at the time of filing an application. Source: WIPR
The Delhi High Court has stayed all orders of wrongful abandonment of trademark applications issued by the Trade Marks Registry post on March 20, 2016. This comes after more than 165,000 applications were reportedly abandoned by the registry last month. To ensure that the circumstances of the last few weeks do not reoccur, the court has directed the Trademarks Registry not to abandon any applications without notice to applicants through physical post.
On November 19, 2015 the Indian Government published the draft 2015 Trademark Rules to replace the existing 2002 Trademark Rules, and to introduce a 50% increase on all fees payable with respect to trademark registrations. Under the new trademark rules the fee for filing an application is proposed to increase from 4000 to 8000 and the fee for renewing a trademark from 5000 to 10000 respectively. The draft rules are open for public comments until December 17, 2015. The final rules are expected to be published and become effective in the second quarter of 2016.