Trade Marks (Amendment) Rules, 2014

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The Trade Marks (Amendment) Rules, 2014 has been published by the Government of India, Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) by notification dated 01/08/2014 in Part II, Section 3, Sub-Section (ii) of the Gazette Of India, Extraordinary on 01-08-2014 and has been made effective from the date of publication i.e. 01/08/2014. The said rules are available on the official website of the Department of Industrial Policy and Promotion www.dipp.nic.in and of the Office of Controller General of Patents, Designs and Trade Marks www.ipindia.nic.in.

The salient aspects of the amended rules include: 

  1. Increase in fee for application for registration of Trademark [FORM TM-1, FORM TM-2, FORM TM-8, FORM TM-37, FORM TM-51 and FORM TM-52] from Rs. 3500/- to Rs. 4000/-.
  2. Increase in fee for application for the expedited examination for the registration of a trademark [FORM TM-63] from Rs. 12500/- to Rs. 20000/-.

Consequent to the aforesaid amendment, the Trade Marks Office requested [by public notice dated 07/08/2014 having reference no. CG/PublicNotice/2014-15/51] to all applicants/agents who have filed trade mark applications/ or request for expedite examination from 01/08/2014 onwards to tender the deficiencies in fees Rs. 500/- (Rupees five hundred only)/ Rs.2,500/- (Two Thousand Five Hundred Only) [Note:-it should be Rs. 7,500/- (i.e. from Rs.12,500/- to Rs.20,000/-)] per application/per request for expedite examination in respect of applications filed from the date of notification till issuance of this notice, on or before 30th September, 2014.

The registrar shall not act on the matter until the said additional fee has been paid. The receipt of deficiencies of fees after the afore-mentioned date shall result in shifting of filing date to actual date of payment of balance fees.

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