Lok Sabha Question No. 2599 (UNSTARRED), answered on 2016-03-14
Subject: Trademark Registration
Ministry: COMMERCE AND INDUSTRY
Asked by: ASADUDDIN OWAISI

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

## LOK SABHA

UNSTARRED QUESTION NO. 2599.

TO BE ANSWERED ON MONDAY, THE 14 TH  MARCH, 2016.

## TRADEMARK REGISTRATION

## 2599. SHRI ASADUDDIN OWAISI:

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

## वाणिज् य वव  द्यग  म त्री

- (a) whether the Government proposes to introduce new rules for Trademark Registration and if so, the details thereof;
- (b) whether the Government proposes to increase trade mark registration fee for filing in electronic mode and physical mode and if so, the details thereof;
- (c) whether  the  Government  also  proposes  to  increase  the  power  of  Registrar  of Trademark and if so, the details thereof;
- (d) the other duties and rights likely to be assigned to Registrar; and
- (e) the  steps  taken  or  being  taken  by  the  Government  to  make  the  process  people friendly?

## ANSWER

## वाणिज् य वव  द्यग  ााज् यम त्री स् वतं त्र ्रभााा(स्ीमतंी िरममलाा ीीतंाामि( THE MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF COMMERCE & INDUSTRY (SHRIMATI NIRMALA SITHARAMAN)

- (a): Yes Madam. The existing Trade Marks Rules 2002 are proposed to be replaced by the Trade Marks (Amendment) Rules, 2015.  The proposed Trade Marks (Amendment) Rules, 2015 have already been published in the Gazette of India  and has been made available  in  the  official  web  site  of  Department  of  Industrial  Policy  and  Promotion and in the website of the Controller General of Patents, Designs and Trade Marks for inviting  suggestions/  comments  from  the  general  public  and  stakeholders.  The proposed Trade Marks (Amendment) Rules, 2015, aims at introducing the following major changes:
- Number of Trade Mark forms proposed to be reduced.
- Redundant  and  obsolete  provisions  in  the  existing  Trade  Mark  Rules  are proposed to be deleted.
- In order to promote e-filing of TM (trademark) applications and various other TM  (trademark)  Forms,  the  fee  proposed  for  electronic  filing  will  be  kept lower than that for physical filing.
- Modalities for service of documents from applicants to the Registry and vice versa  through  electronic  means  proposed  to  be  introduced  to  expedite  the process.
- The  provision  relating  to  expediting  the  processing  of  an  application  for registration of  trade mark proposed to be extended up to the registration stage, which at  present is only up to the examination stage.
- Modalities  for  determination  and  maintenance  of  the  list  of  well-known trademarks proposed to be introduced.
- Procedures relating to registration as Registered User of trademarks  proposed to be  simplified.
- (b): Yes, it is proposed to increase the registration fee for filing of trade mark applications. It  is  also  proposed to keep the fees for electronic filing lower than that for physical filing so as to encourage electronic filing. While the proposed revision of registration fee has been notified in the First Schedule of the proposed Trade Marks (Amendment) Rules, 2015, the final fees shall be decided after consideration of suggestions/comments received from the public and various stakeholders.
- (c): No.
- (d): Duties and rights are assigned to the Registrar of Trade Marks under the provisions of the Trade Marks Act, 1999 and Rules made thereunder from time-to-time.
- (e): The  Government  has  taken  the  following  important  steps  to  make  the  process  of registration of Trademark user- friendly:
- (i) The proposed new Rules are primarily aimed at simplifying the procedures for registration and removing the redundant provisions in Trademarks Rules, details of which are enumerated in the reply (a) above.
- (ii) Facility for filing online applications and other TM forms has been provided.
- (iii) Facility  of  search  of  earlier  trademarks  in  respect  of  certain  description  of goods and services has been provided free of cost in the official website.
- (iv) The  complete  details  of  each  application  filed  or  trademarks  registered before  the  Registrar,  along  with  their  current  status,  have  been  made available free of cost in  the official website.
- (v) The Registrar of Trademarks has also started sending communications to the stakeholders through email in addition to usual postal mode.
- (vi) Various other facilities beneficial to the public are provided in the official website free of cost.
- (vii) Public Grievance officers and Public Relation Officers have been designated in each of the offices under the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) who is the Registrar of Trade Marks under the Trade Marks Act, 1999.
- (viii) Dynamic utility tools have also been provided in the official website which show performance as  well as pendency  at  every  level  during    a  particular period of time.

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