Friday 30 June 2017

Trademark Forms and Fee - Trademark Rules, 2017





Various Forms and Fee notified under Trademark Rules are as follows:


Entry No
On what payable
Amount in INR.
Corresponding Form Number


For Physical filing
For E-filing
1
Application for registration of a trademark /collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes.


TM-A
Where the applicant is an Individual / Startup/Small Enterprise
5,000
4,500
In all other cases (Note: Fee is for each class and for each mark )
10,000
9,000
2
On a notice of opposition under section 21(1), 64, 66 or 73 or application for rectification of register under section 47 to 57, 68, 77 or application under rule 99, 103, 135,140 or On application under section 25 of Geographical Indication of Goods (Regulations and Protection) Act, 1999 to invalidate a trademark or counter statement related thereto. (Note: Fee is for each class opposed or counterstatement filed)
3,000
2,700
TM-O
3
For renewal of registration of a trademark under section 25 for each class
10,000
9,000
TM-R 
4
Application for renewal with surcharge of registration of a Trademarks under section 25 (3) for each class
5,000 Plus renewal fee applicable under entry 3
4,500 Plus renewal fee applicable under entry 3
5
Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class
10,000 Plus renewal fee applicable under entry 3
9,000 Plus renewal fee applicable under entry 3
6
On application under section 45 to register a subsequent proprietor in case of assignment or transfer for each trademark
10,000
9,000
TM-P
7
On application for: Certificate of the Registrar under section 40(2), or For approval of the Registrar under section 41, or Direction of the Registrar for advertisement of Assignment without goodwill under section 42, or Add or alter a registered trademarkunder section 59(1) for each trademark, or Conversion of specification under Section 60 for each trademark.
3,000
2,700
8
On application for: Extension of time for applying for direction under section 42 for advertisement of assignment without goodwill, or Extension of time for registering a company as subsequent proprietor of trademarks under section 46(4),or Consent of Registrar to the assignment or transmission of a certification trademark under section 43, or Change a name and / or description of a registered proprietor or a registered user of a trademark under section 58 for each trademark.
2,000
1,800
9
On application for: Dissolution of association between trademark sunder section 16(5), or Change in address or address for service in India of Registered Proprietors under section 58 for each trademark, or Request for cancellation of an entry in the register or part thereof under section 58 for each trademark.
1,000
900
10
Application under section 49 to a registered user of a registered trademark in respect of goods or services Or On application under clause (a) of sub-section (1) of section 50 to vary the entry of a registered user of one trademark where the trademarks are covered by the same registered user in respect of each of them Or On application under clause (b), (c) or (d) of sub-section (1) of section 50 for cancellation of entry of a registered user of one trademark Or On notice under rule 95 (2) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trademark (Note: applicable fee is for each mark)
5,000
4,500
TM-U
11
Request for search and issue of certificate under rule 22(1)
10,000
9,000
TM-C 
12
Request for an expedited search and issuance of certificate under rule 22 (3)
Not allowed
30,000
13
On application for: Extension of time, or Certified copy, or Duplicate Registration Certificate, or inspection of document,or Particulars of advertisement to registrar, or seeking grounds of decision of Registrar, or Enter in the register and advertise a note of certificate of validity under rule 127, Amendment in trademark application, or Particulars of advertisement of a trademark to Registrar under rule 41.
1000
900
TM-M 
14
On application for: Deposition of regulation of collective trademark under section 66 or alteration of regulation of certification trademark under section 74 (2), or Seeking Registrar preliminary advice, or For division of an application.
2,000
1,800
15
On application for: Review of Registrar’s decision, or Petition (not otherwise charged) for obtaining Registrar’s order for any interlocutory matter in a contesting proceeding, or Any other matters not covered in other TM forms.
3,000
2,700
16
On request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of the documents under proviso to rule 122 (Note: for entry in respect of each registered trademark or for each document)
5,000
4,500
17
On application under rule 34 for expedited process of an application for the registration of a trademark


Where the applicant is an Individual / Startup/Small Enterprise
Not allowed
20,000
In all other cases (Note: fee is for each class and for each mark)
Not allowed
40,000
18
Request to include a trademark in the list of well- known trademark(Note: applicable fee is for one mark only.)
Not allowed
1,00,000
19
On application for registration of a person as a trademark agent under rule 147 & 149.
5,000
4,500
TM-G 
20
For continuance of the name of a person in the Register of a trademark Agents under rule 150 for every Five year to be paid on or before 1st day of succeeding financial year.
10,000
9,000
21
On application for restoration of the name of a person to the Register of trademarks agents under rule 153 within 3 years from the date of removal of registration.
5,000 Plus continuation fee as mentioned in entry number 20
4,500 Plus continuation fee as mentioned in entry number 20
22
On application for an alteration of any entry in the Register of trademarks Agent under rule 154
1,000
900
23
Handling fee for certification and transmission of international application to International Bureau with MM2(E)
Not allowed
5,000

Patent for Computer Related Invention - Guidelines for Examination

Office of the Controller General of Patents, Designs and Trade marks have issued the Guidelines for the examination of the Patent for Computer Related Invention.

The copy of the same can be downloaded from the source as follows:


The guidelines are not the set of Rules, hence, Rules and Acts shall prevail in case of any controversy arising out of the Guidelines.

International Copyright


THE INTERNATIONAL COPYRIGHT ORDER, 1999
[S.O.228(E), dated 24th March 1999, published in the Gazette of India, Extra Pt II, Sec. 3 (i), dated 6th April 1999]

S.O. 228(E)- In exercise of the powers conferred by section 40 of the Copyright Act, 1957 (14 of 1957) and in supersession of the International Copyright Order, 1991, the Central Government hereby makes the following Order, namely:-

1. (1) This Order may be called the International Copyright Order, 1999.
     (2) It shall come into force on the date of its publication in the Official Gazette.

2. In this Order, unless the context otherwise requires:-

(a) "Berne Convention Country" means a country which is a member of the Berne Copyright Union, and includes a country mentioned either in Part I or in Part II of the Schedule;

(b) "Phonogram" means an exclusively aural fixation of a performance or other sounds;

(c) "Phonograms Convention Country" means a country which has either ratified, or accepted, or acceded to the Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms, done at Geneva on the Twenty ninth day of October, one; thousand nine hundred and seventy-one, and includes a country mentioned in Part V of the Schedule;

(d) "Schedule" means the Schedule appended to this Order.

(e) "Universal Copyright Convention Country" means a country which has either ratified, or accepted, or acceded to the Universal Copyright Convention, and includes a country mentioned either in Part III or in Part IV of the Schedule.
(f) "World Trade Organisation Country" means a country which is a member of the World Trade Organisation and which has either ratified, or accepted, or acceded to the Agreement on Trade Related Aspects of Intellectual Property Right, 1994 and includes a country mentioned in Part VI of the Schedule.

3. Subject to the provisions of paragraphs 4,5 and 6, all the provisions of the Copyright Act, 1957 (14 of 1957), (hereafter referred to as the Act), except those in Chapter VIII, and those other provisions which apply exclusively to Indian works, shall apply :-

(a) to any work first made or published in a country mentioned in Part I, II, III, IV or VI of the Schedule, in like manner as if it was first published in India;  

(b) to any work first made or published in a country other than a country mentioned in Part I, II, III, IV or VI of the Schedule, the author of which was, at the date of such publication, or, where the author was dead on that date, he was at the time of his death, a national of a country mentioned in Part I, II, 111, IV and VI of the Schedule, in like manner, as if the author was a citizen of Indian at that point of time;

(c) to an unpublished work, the author whereof was, at the time of the making or publication of the work, a national or domiciled in any country mentioned in Part I, II, 111, IV and VI of the Schedule, in like manner, as if the author was a citizen of, domiciled in, India;

(d) to any work first made or published by a body corporate incorporated under any law of a country mentioned in Part I, II, 111, IV or Part VI of the Schedule, in like manner, as if it was incorporated under a law in force in India; and

(e) to a sound recording first made, the producer of which was, at the date of such production, a national of a country mentioned in Part V or Part VI of the Schedule or a body corporate incorporated under a law in force in such a country, in like manner as if the producer was the citizen of India or a body corporate incorporated under a law in force in India, as the case may be, at that point of time.

4. Notwithstanding anything contained in paragraph 3, the provisions of Chapter VIII of the Act shall apply to a Broadcasting Organisation and a Performer in a World Trade Organisation Country mentioned in Part VI of the Schedule.

5. Notwithstanding anything contained in clause (a) of paragraph 3 and paragraph 4 of the provisions of sub-section (1) of section 32 of the Act-
(i) shall not apply to a work first made or published in any Berne Convention Country mentioned in Part I and Part II of the Schedule.
(ii) shall not apply to a work first made or published in any World Trade Organisation Country mentioned in Part VI of the Schedule.
(iii) shall apply to a work first made or published in any Universal Copyright Convention Country mentioned in Part III or Part IV of the Schedule. Only in respect of the translation of such work into any language specified in the Eighth Schedule to the Constitution of India.

6. The provisions of section 32 (excluding its sub section (1) 32A and 32B shall apply to a work first made or published in a Berne Convention Country mentioned in Part I of the Schedule or in a Universal Copyright Convention Country mentioned in Part III of the Schedule or in a World Trade Organisation Country mentioned in Part VI of the Schedule.

7. The term of copyright in a work shall not exceed that which is enjoyed by it in its country of origin.
Explanation- In this paragraph, "the country of origin" shall mean-

(a) in the case of a work first made or published in a Berne Convention Country or in a Universal Copyright Convention Country or a World Trade Organisation Country, that country;

(b) in the case of a work made or published simultaneously either in a Berne Convention Country or a Universal Copyright Convention Country or in a World Trade Organisation Country and in a country which is neither a Berne Convention Country nor a World Trade Organisation Country, the former country.

(c) in the case of a work which is made or published simultaneously in several Berne Convention Countries, the country whose laws grant the shortest term of copyright to such a work'

(d) in the case of a work which is made or published simultaneously in several Universal Copyright Convention Countries, the country whose laws grant the shortest term of copyright to such a work;

(e) in the case of a work which is made or published simultaneously in several World Trade Organisation Countries, the country whose laws grant the shortest term of copyright to such a work;

(f) in the case of an unpublished work or a work first made or published in a country other than a Berme Convention Country or a Universal Copyright Convention Country or a World Trade Organisation Country, the country of which the author was a citizen, or the country in which he was domiciled at the time of its first publication, whichever grants the longer term of copyright.




 Source: http://copyright.gov.in/documents/international%20copyright%20order.htm

Extension of Trademark Hearing

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