Trademark filing is a tedious task. But, going through the laws can make the process simpler. A few new changes have been introduced in the trademark filing process in India. Knowing about these rules can help you avoid trademark objection. Here is a quick overview of the changes in the trademark filing process.
- Change in affidavit format
Before filing for the trademark, it is essential for the applicant to prove the usage of mark in India. An affidavit entailing the details of the mark used and other supporting documents such as sales invoices, statement of accounts, purchase orders are to be furnished. In case of absence of these documents, one can go for press releases, media coverage, photos from award functions and trade fairs, etc. Trademark search becomes easier by doing this and the trademark allotment process is sped up eventually.
- Introduction of well-known marks
Earlier, trademarks got the status of well-known marks through court order or judgment, which was quite a lengthy process. But, now the applicant can get the mark recognized as well-known mark by furnishing details such as global recognition of the mark, net worth of the brand, global image of the mark. Also, they are required to apply for TM-M with supporting application fees of Rs 1, 00,000. This move has made the lives of the global multinational brands easier and they can protect their trademark worldwide.
- New forms and new fees structure
Changed rules have consolidated some 74 forms to a total of 8 forms that are now required for filing trademark application. Online filing fees for Individual/Startup/Small Enterprise is revised to INR 4500/- and for other entities, it is approx INR 9000/-.
So, trademark filing has become easier and faster with new rules. And, this has certainly brought smiles on the faces of the brands that have global reach.