Definitions and other features in the trademark rules 2017
The trademarks act 1999 was brought into force with the trademark rules 2002. Government notification of the repeal of the trademark rules 2002 and in its place the promulgation of a complete set of new trademark rules 2017. An definitions and other features may proceed in the trademark rules 2017.
The major features of the new trademark rules 2017 and some of those definitions are briefly set out below with comments:
Applicable office of the trademark registry means the relevant office of the trademarks registry as mentioned in rule 4.
Inter-governmental organizations of countries mentioned under sub-section (1) of section 154.
Rule 2 (1) (h)
This rule involves the goods or services of class for trademark registration.
A divided application made by the division of a single application for trademark registration for different classes of goods or services.
One vital stipulation made in the act is to facilitate the filing of a single application for same trademark registration in favour of goods or services falling in various classes. This is intended to permit registration procedure to go ahead for those goods or services.
Rule 2 (1) (w)
The term “small enterprise” which contains an “explanation” clause to further elucidate the expression “enterprise”. It runs as follows:
Small enterprise means:
In case of an enterprise captured in the production of goods or manufacture, an enterprise where the investment in plant and machinery does not increased the limit is mentioned for a medium enterprise under clause (a) of sub section (1) of section 7 of the MSME Act 2006.
Normally in the case of “startup” the organization applicant should be managed by the competent authority. There is no such need laid down in the essential rule, the rule 23 under chapter 2 dealing with the trademark registration procedure.
An organization in India realize as a start up by the competent authority under startup India initiative may improve their definitions.
In case of a foreign organization, a company fulfilling the criteria for turnover and period of registration/incorporation as per startup India initiative.
The above definitions have a bearing in the matter of fee payable on an application for registration of a trademark, certification mark, collective mark, series trademark for specification of goods or services involved in one or more than one classes.
The object of the trademarks act is to “ offer for registration and better protection of trademarks for goods and services and for the preclusion of the use of fraudulent marks. Trademarks act 1999 is to support and help all owners of trademark to apply for its registration under this act. Being the first stage is filing the application for registration and the process should be assists to meet the basic needs of the trademarks law.
There is no definitive condition in the form for the applicant to “claim to be the owner” of the trademark applied for as is compulsory under section 18. It is well settled proposition which the basis of an application for trademark registration is a claim on the part of an applicant to be the trademark owner.
Rule 2(1) (o)
The explanation of “opposition” is rightly amplified to involve an opposition to allow protection of an international registration designating India and opposition to changes of registered trademark.
An application or any document so sent shall be considered to send at the time when the letter involving the same would be delivered in the normal course of post.
The documents are submitted electronically, the sub-rules 2 and 3 will not assign.
A trademark agent shall also be need to provide a mobile number registered in India.
When mobile number becomes a valid address for service, it could apply in all cases of address for service and it is considered as correctly addressed.
New Rule 34 (corresponding to old rule 38)
It deals with “expedited processing of application”. The new rule has completed with the important for the applicant to “state the reasons for the request” and also the discretion given to the registrar to be satisfied that an expedited processing of the application was warranted.
Renewal of Registration – New Rule 57
Under new rule 57 (old 63), the period for payment of renewal fee has been mentioned as “at any time not more than one year before the expiration of registration.
Determination of well-known marks by registrar (rule 124)
Any person may on an application in Form TM-M and after payment fee as specified in first schedule, apply the registrar for identification of trademark as well known, such request shall be associated by a statement of case along with all the proof and documents relied by the applicant in support of his claim.
The registrar shall while deciding the trademark as well-known take into account the conditions under sub section 6 to 9.
Before deciding a trademark as well-known the registrar may invite objections from the common public to be registered within 30 days.
In case the trademark is decided as well-known the same shall be published in the journal of trademark in the definitions of trademark rules 2017.
The TM act 1999 made detailed provisions for registration of “Certification trademarks” and “Collective marks”. In addition, amendment of trademarks act in 2010, extensive conditions have been made for protection of trademarks through international trademark registration under Madrid Protocol, to which India became a signatory. The trademark office may placed in the major cities of Chennai, Bangalore, Kochi, etc…