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Indian Trademark Registry Opens up Trademark Search to Public
The Indian Trade Mark Laws continue to move forward to ensure “universalization” of its systems and processes. By way of notification published in the Gazette of India on September 7, 2010, the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, has sought comments and suggestions of stakeholders on the proposed amendments to the Trademark Rules, 2002 (Rules). The Department has proposed to make Indian trademarks freely available for public search from the Registry’s website and to amend the rules related with the “Official Search of Trademarks” from the Rules in view of its redundancy.
The proposal aims at bringing greater transparency and efficiency in the functioning of the Registry and also to “facilitate business decisions to apply for a trademark on an immediate basis from anywhere in the world”. By the same Notification, the Department has also proposed to increase the Official Fees for filing one trademark application in one class from current Rs. 2500 (approx USD 57) to Rs. 3500 (approx USD 80) and corresponding changes in the Rules.
The ongoing cascade of changes at the Indian Trademark Registry reflects its resolve to expeditiously adopt the International System for Trademark Registration in accordance with Madrid Protocol. The Indian Parliament has already passed the Trademark (Amendments) Act, 2009 to introduce the Madrid System in Indian Trademark laws. The Amendment Act is likely to be notified by the Central Government once all necessary systems and procedures are laid down at the Registry.
The Department proposes to consider finalization of these Draft Rules on or after October 31, 2010 and in the meanwhile has invited comments and suggestions from the stakeholders. These measures have dual purposes one that they would reduce the burden of the trademark office as they could dispose more applications as expeditiously as possible and secondly these will also enhance its efficiency and moving towards the larger goal of being an International Search Authority, considering India acceding to Madrid Protocol and also proposed amendments in the Trade Mark Act as well.
The proposal aims at bringing greater transparency and efficiency in the functioning of the Registry and also to “facilitate business decisions to apply for a trademark on an immediate basis from anywhere in the world”. By the same Notification, the Department has also proposed to increase the Official Fees for filing one trademark application in one class from current Rs. 2500 (approx USD 57) to Rs. 3500 (approx USD 80) and corresponding changes in the Rules.
The ongoing cascade of changes at the Indian Trademark Registry reflects its resolve to expeditiously adopt the International System for Trademark Registration in accordance with Madrid Protocol. The Indian Parliament has already passed the Trademark (Amendments) Act, 2009 to introduce the Madrid System in Indian Trademark laws. The Amendment Act is likely to be notified by the Central Government once all necessary systems and procedures are laid down at the Registry.
The Department proposes to consider finalization of these Draft Rules on or after October 31, 2010 and in the meanwhile has invited comments and suggestions from the stakeholders. These measures have dual purposes one that they would reduce the burden of the trademark office as they could dispose more applications as expeditiously as possible and secondly these will also enhance its efficiency and moving towards the larger goal of being an International Search Authority, considering India acceding to Madrid Protocol and also proposed amendments in the Trade Mark Act as well.
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