Lok Sabha Question No. 4129 (UNSTARRED), answered on 2017-03-27
Subject: Trade Mark Applications
Ministry: COMMERCE AND INDUSTRY
Asked by: VIJAY KUMAR S.R., BIDYUT BARAN MAHATO, K. ASHOK KUMAR, VINOD KUMAR BOIANAPALLI, GAJANAN CHANDRAKANT KIRTIKAR, CHANDRA PRAKASH JOSHI

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT OF INDUSTRIAL POLICY & PROMOTION

## LOK SABHA

UNSTARRED QUESTION NO.4129.

TO BE ANSWERED ON MONDAY, THE  27 TH  MARCH, 2017.

## TRADE MARK APPLICATIONS

## 4129.  SHRI S.R. VIJAYAKUMAR:

SHRI BIDYUT BARAN MAHATO:

SHRI K. ASHOK KUMAR:

SHRI B. VINOD KUMAR:

SHRI GAJANAN KIRTIKAR:

SHRI CHANDRA PRAKASH JOSHI:

Will the Minister of COMMERCE AND INDUSTRY be pleased to state:

## वाणिज् यवव द्यग ं ्री

- (a) whether  there  is  a  huge  backlog  of  trade  mark  applications  in  the  country  during each of the last three years and the current year;
- (b) if so, the details thereof and the reasons therefor;
- (c) whether the Government has notified the new Trade Mark Rules, 2017 to streamline and simplify the processing of trade mark applications in the country;
- (d) if so, the details and the salient features thereof; and
- (e) the other steps taken/being taken by the Government to clear the huge backlog of the said applications?

## ANSWER

## वाणिज् यवव द्यग ााज् यं ्रीस् वतं ््रभााा(स्रींतंरीिरंमलााीरीतंाांि( THE MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF COMMERCE & INDUSTRY (SHRIMATI NIRMALA SITHARAMAN)

- (a) & (b): The year-wise status of filing and disposal of trade mark applications for the last three years and the current year is as under:-

| No. Applications                 | 2013-14   | 2014-15   | 2015-16   | 2016-17 (till February, 2017)   |
|----------------------------------|-----------|-----------|-----------|---------------------------------|
| Filed                            | 2,00,005  | 2,10,501  | 2,83,060  | 2,56,628                        |
| Examined                         | 2,03,086  | 1,68,026  | 2,67,861  | 5,10,260                        |
| Registered                       | 67,796    | 41,853    | 65,045    | 2,10,980                        |
| DISPOSAL (including Registration | 1,04,753  | 83,652    | 90,662    | 2,43,009                        |

As is evident from the above table, the pendency of trade mark applications at the  examination  stage  has  been  reduced  drastically  -  the  time  taken  for examination has been brought down from 13 months to less than one month. As  on  28.02.2017,  the  total  number  of  applications  filed  and  pending  for examination is 28,889, while the total number of pending applications at all stages  is  7,92,360.  The  main  reason  for  pendency  has  been  the  lack  of requisite manpower.

- (c) & (d): Yes,  the  Government  has  notified  the  new  Trade  Mark  Rules,  2017  on  6 th March,  2017  to  streamline  and  simplify  the  processing  of  trade  mark applications  in  the  country.  Some  of  the  salient  features  of  the  new  Trade Mark Rules, 2017 are as under:
- Numbers of Trade Mark (TM) Forms have been reduced from 74 to 8.
- To promote e-filing of trade mark applications, the fee for online filing has been kept at 10% lower than that for physical filing.
- 50%  lower fares for filing trade mark applications by Individuals/ Startups/Small Enterprises vis-à-vis Companies.
- Modalities for determination and maintenance of well-known trade marks have been introduced.
- The  provisions  relating  to  expedited  processing  of  an  application  for registration  of  a  trade  mark  have  been  extended  right  up  to  registration stage (hitherto, it was only up to examination stage).
- Over all fees have been rationalized by reducing the number of entries in Schedule I from 88 to just 23.
- Modalities  for  service  of  documents  from  applicants  to  the  Registry  and vice-versa through electronic means have been introduced to expedite the process; e-mail has been made an essential part of address for service to be provided by the applicant or any party to the proceedings so that the office communication may be sent through email.
-    Hearing through video conferencing on request has been introduced.
- Number of adjournments in opposition proceedings has been restricted to a  maximum  of  two  by  each  party,  which  will  help  in  timely  disposal  of matters.
- Procedures relating to registration as Registered User of trade marks have also been simplified.
- Total  numbers  of  Trade  Mark  Rules  have  been  reduced  by  deleting redundant and obsolete provisions.
- (e): The other steps taken by the Government to clear the huge backlog of trade mark applications include the following:-
- (i) The number of Examiners of Trade Marks and Geographical Indications has been augmented.
- (ii) The  process  of  registration  and  renewal  has  been  automated  by uploading  the  Registration  Certificate  electronically  in  the  Electronic Register  and  dispatching  the same  to  the  applicant's registered email-Id.
- (iii) The processing of trade mark applications has been re-engineered by setting  up  of  a  mechanism  for  regular  discussion  among  the  Trade Mark Examiners and their supervisory officers.
- (iv) A 'Pre-Hearing Module' devised to scrutinize cases has been introduced  to  ensure  that  show-cause  hearings  are  not  scheduled except in cases where the office objections cannot be waived on the basis of the reply submitted by the applicant and material available on record.
- (v) Sensitization of the trade mark examiners has been done, enhancing quality of examination.
- (vi) Online facility for filing of applications has been strengthened so as to reduce  the  workload  at  the  office  and  also  to  save  the  time  of applicants.

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