Companies Act - Winding up proceedings pending before High Courts, which are at nascent stage and have not progressed to advanced stage, can be transferred to NCLT : HC (See 'Legal Desk') PMLA - Considering involvement of applicant in selling fake Remdesivir injection at higher price, applicant is not entitled for anticipatory bail : HC (See 'Legal Desk') Arbitration Act - Any amicable settlement not incompatible with arbitration agreement is encouraged by Arbitral Tribunal : HC (See 'Legal Desk') M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973 - Order passed by respondents is devoid of merit as land of petitioner is left open for purpose of any future road expansion : HC (See 'Legal Desk') Arbitration Act - Since appellant has failed to establish loss suffered, Arbitral Tribunal rightly rejected appellant's claim in this regard : HC (See 'Legal Desk') PMLA - Arrest order and consequent remand order are not illegal : HC (See 'Legal Desk') Keel-laying ceremony performed at Goa Shipyard (See 'Corp Brief') Companies Act - Winding up proceedings pending before High Courts, which are at nascent stage and have not progressed to advanced stage, can be transferred to NCLT : HC (See 'Legal Desk') SEBI Act - Extension of time can be allowed to SEBI to complete investigation : SAT (See 'Legal Desk') Arbitration Act - Respondent no.3 is not liable for repayment obligations of financial facilities extended by appellant to respondent no 1 company : HC (See 'Legal Desk') Mineral production grows by 8 percent in February (See 'Corp Brief') SARFAESI Act - Court refrains to adjudicate matter on merits when matter is already pending in DRAT : HC (See 'Legal Desk') Coal production in April up by 7.4% (See 'Corp Brief') SEBI Act - Appellants have made case for stay as rigours of directions of SEBI order would adversely affect business of Appellant as well as their clients : SAT (See 'Legal Desk') Trade Mark Act - Marks 'BETSONE' and 'BETASON' are deceptively similar to registered trademark 'BETNESOL' and visually, phonetically and structurally alike, with minimal alterations : HC (See 'Legal Desk') Voting by tribal communities blossoms as ECI's outreach to them bears fruit (See 'Corp Brief') SARFAESI Act - No fault can be found with respondent financial institution invoking Section 14 of SARFAESI Act by approaching District Magistrate, Rewa : HC (See 'Legal Desk') Ministry of Parliamentary Affairs observes Swachhata Pakhwada (See 'Corp Brief')

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Govt simplifies norms for Trademark registration

Published: Mar 07, 2017

By TIOLCORP News Service

NEW DELHI, MAR 07, 2017: TO improve India's intellectual property regime, the Department of Industrial Policy and Promotion (DIPP) has simplified the rules for registering trademarks and slashed the number of trademark application forms to eight from 74.

These changes were notified in the Trade Mark (TM) Rules, 2017.

"These rules, which replace the erstwhile Trade Mark Rules 2002, will streamline and simplify the processing of trade mark applications," the Commerce and Industry Ministry said in a statement. It said the new rules should give a boost to the Intellectual Property Regime (IPR) in India. "Based on stakeholders' feedback, the fees for individuals, start-ups and small enterprises have been reduced from that proposed in the draft rules - only Rs 4,500 as against Rs 8,000 for e-filing of TM applications proposed at the draft stage," it said. Overall fees have been rationalized by reducing the number of entries in Schedule I from 88 to just 23.

Other salient features of the revamped rules include keeping the fee for online filing at 10 per cent lower than that of the physical filings. Hearing through video conferencing has been introduced and number of adjournments in opposition proceedings has been restricted to a maximum of two by each party, which will help dispose of matters in time, it added. Modalities for service of documents from applicants to the registry and vice-versa through electronic means have been introduced to expedite the process, the statement said.

Further, the provisions relating to expediting processing of an application for registration of a trade mark have been extended right up to registration stage. Earlier, it was only up to examination stage.  The statement said that the examination time for a TM application had already been brought down from 13 months to just one in January. This is despite a 35 per cent jump in TM filings in 2015-16 as compared to the previous year.

DIPP has also for the first time laid out modalities for determination of well-known trademarks for brands that enjoy good reputation in the market. A brand can apply for the same after e-filing for a fee of Rs1 lakh.

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