The Trade Marks Rules, 2017 came into force on 6 March 2017 and reshaped Indian trademark practice more than any change before or since — reducing 74 forms to eight, and finally making it possible to register a sound by submitting the sound.
1. Applicant categories and fees
The Rules introduced a distinction between Individuals, Startups and Small Enterprises on one hand and all others on the other, with the first category paying concessional fees.
Startups were defined as entities incorporated in India within the past five years with annual turnover not exceeding ₹25 crore, working on innovation. Small Enterprises were defined by investment limits — ₹10 crore in plant and machinery for goods, ₹5 crore in equipment for services.
Both definitions have since moved. The startup criteria now follow current Startup India policy — ten years from incorporation and turnover up to ₹100 crore. The MSME definition was revised in 2020 to a composite criterion combining investment and turnover, replacing the investment-only thresholds. Check current eligibility before claiming the concessional fee; the fee difference is substantial and a wrongly claimed concession causes problems later.
The Rules also made electronic filing 10% cheaper than physical filing.
2. Sound marks
Previously difficult to register, sound marks became genuinely filable: a sound file in MP3 format, of not more than thirty seconds, accompanied by a graphical representation of the notations.
This was the single most practical change for non-conventional marks. Before it, an applicant had to reduce a sound to musical notation and hope the notation conveyed the mark. Now the sound itself is on the record.
3. Expedited processing at every stage
Expedited treatment had previously been available only for examination. The 2017 Rules extended it to every stage of the process — through to registration.
The fee is five times the ordinary application fee. Ordinary examination was expected within about three months.
For a business that needs a registration certificate on a deadline — for enforcement, a funding round, or a marketplace listing requirement — this is often worth the multiple.
4. The renewal window
Renewal applications may be filed within one year before expiry, extended from the previous six months.
5. Mandatory user affidavits
Where an applicant claims use of the mark from a date before the application, the Rules made it compulsory to file an affidavit testifying to that use, with supporting evidence.
Before this, a user date could be claimed with no corroboration whatsoever — which is exactly how the register filled with marks claiming long histories of use that had never occurred. This is Rule 25, and it remains the most consequential integrity measure in the Rules.
The practical implication: claim only the date you can evidence. An early date you cannot support is worse than a later one you can.
6. Electronic service
Official communications may be sent by email to the applicant’s registered address. This speeded up correspondence considerably — and made keeping a current email address on record genuinely important, since the Registry’s deadlines run from service.
The bigger picture
Beyond the six, the reduction of forms from 74 to eight did more to simplify Indian trademark practice than any individual rule. Combined with cheaper e-filing and electronic service, the 2017 Rules moved the Registry decisively toward a digital, faster process — and disposal times improved markedly over the years that followed.
The takeaways
- Concessional fees for individuals, startups and small enterprises — but the definitions have since changed.
- Sound marks file as MP3 plus notation — the practical breakthrough.
- Expedited processing now covers every stage, at five times the fee.
- User affidavits are compulsory where an earlier use date is claimed.
Frequently asked questions
When did the Trade Marks Rules, 2017 come into force? On 6 March 2017.
How are sound marks filed in India? As an MP3 file of not more than thirty seconds, accompanied by a graphical representation of the sound’s notations.
What does expedited processing cost? Five times the ordinary application fee — and since 2017 it covers every stage through to registration, not just examination.
Do I need an affidavit if I claim earlier use of my mark? Yes — Rule 25 requires an affidavit with supporting evidence wherever use is claimed from a date before the application.
Useful official resources
- The Trade Marks Act, 1999
- Trade Marks Registry — IP India