New Trademark Rules 2017 for Startups

The new Trade Marks Rules, 2017 have come into effect now, repealing and replacing the earlier Trade Marks Rules of 2002. Notification in this regard was issued by DIPP on March 06, 2017. Individuals, startups, and small enterprises are offered some exclusive benefits (stipulated separately in section below) by these new Indian trademark rules of 2017.

Many refinements and new things are brought about through these trademark rules of 2017, to make the trademark regime of India faster, easier, and better, and thereby contribute remarkably to enhanced ease of doing business in India by Indian as well as foreign entities and investors. The exclusive advantages offered by the new trademark rules 2017 for startups are described briefly in the lower section separately. Here now, the most significant features contained under these new trademark rules of 2017 are mentioned in short, for informational support to concerned people and entities of India and nations of the world over.

The new Indian trademark rules of 2017 have promulgated the following provisions and facilities, for the objectives specified above:

• Reduction of the total number of Forms related with various processes related with trademark/service-mark from 74 to only eight.
• The e-filings for various processes have been encouraged through providing a discount of 10% on the official fee for each of the processes, over the physical filings.
• Individuals, startups, and small enterprises have been given 50% concession in the official fee for filing of registration application and also for requesting expedited processing of their applications.
• The Rule 34 provides the welcome facility of making request for the fast-track processing of an application for trademark registration, during the entire procedure.
• The Rule 124 introduces the facility of making request for inclusion of any registered trademark/service-mark into the List of Well-Known Marks to be maintained with the Registrar.

Highlighted Points for Startups in New Trademark Rules 2017 India

Though the governmental fees for various processes related with trademarks and service marks have been made twice for the physical filings, the startups and small enterprises have been given as much as 50% discount on the official fees for trademark registration and expedited processing of their registration applications. The highlighted points for startups in new trademark rules 2017 india, are the following:

• Individuals, startups (defined under the 'Startup India Initiative'), and micro and small enterprises (defined under the MSMEs Development Act of 2006), require to pay only INR 4,500/- for making e-filing of their respective application for registration of a trademark/service-mark. For larger and older companies and corporate bodies, this fee has been kept at INR 9,000/-. This lavish advantage to startups and micro & small enterprises nullifies the effect of increase in the official fee for registration of trademark/service-mark, and seeks to promote further industrial and economic growth in India.
• Secondly, the Rule 34 of the new Trade Marks Rules of 2017, provides the facility of making online request for fast-track processing of an application for trademark up to the stage of final registration, prescribing 50% concession in the official fee for this for the startups and micro & small enterprises. For this purpose, they need to pay only INR 20,000/-, as compared to INR 40,000/- for larger and older corporations.