There are only two changes that have been notified which will amend the existing trademark rules and both relate to the increase in fees.

The first change will be that the costs for filing a trademark application will increase to INR 4000 per class from the existing fee of INR 3500.

The second change is that the costs for filing an application for expedited examination will be increased to INR 20,000 per class from the existing fee of INR 17500 (although the entry mentions 12500 – the fee was five times the application fee).

In both cases the increase in filing fees is approximately 14%.

The examination process in India at present takes 8 to 12 months, but with an application for expedited examination, the examination report is issued between 7 days to three months. However you would have to provide the registrar with reasons for why you need an expedited examination (generally imminent launch of a product, threat of infringement etc). While there have been several discussions with the Controller on trying to expedite the rest of the process (not just examination) when an application with a fee of approximately INR 20000 is filed, there does not appear to be any amendment to the rules in that regard. Just the fee hike at the moment!

The notification has been published in the Gazette and is open for comments and feedback until September 15, 2013. Once the comments are received, and considered the amendment to the rules will be notified in the Gazette once again with the effective date.

So for those of you who are sitting on the fence with regard to the expenses associated with filing a trademark application, you may want to act fast, within a month preferably.

This article has been authored by Navarre Roy, an IP Law practitioner.

Editorial Staff

Editorial Staff at Selvam and Selvam is a team of Lawyers, Interns and Staff with expertise in Intellectual Property Rights led by Raja Selvam.