The Government of India has notified the most awaited Trade Mark Rules, 2017 with effect from 6th day of March, 2017.
The Trade Mark Rules, 2017 has been notified on 6th day of March, 2017 and these rules will replace the Trade Mark Rules, 2002. The new rules have made various changes in the procedure of registration, objection and renewal of Trade Marks.
The Trade Mark Rules, 2017 has simplified the process of Trade Marks applications by reducing the number of forms from 74 to 8 only. Keeping the view of Digital India, Government has tried to promote the e-filing of Trade Marks applications. To promote e-filing of applications, the fee for e-forms has been kept 10% lower than the fee for physical forms.
Change in Fee Structure
Various changes in the fee of Trade Mark application have been noticed in the notification. The fee of application for registration of Trade Mark has been increased from Rs.4,000 to Rs.4,500 for e-filing and Rs.5,000 for physical filing for individual, start-ups and small enterprises. However, the fee of application for registration of Trade Mark in all other cases has been changed to Rs.9,000 for e-filing and Rs.10,000 for physical filing.
Hearing through video conferencing
Rule 115 of new Trade Mark Rules allows that the hearing may also be held through video conferencing or through any other audio visual communication devices. In such cases the hearing shall be deemed to have been taken place at the appropriate Registrar's Office.
Company Secretaries as Trade Mark Agents
The Company Secretaries has been authorized as Trade Mark Agents under the Trade Mark Rules, 2017. Rule 144(iii) empowers the Company Secretaries to work as the Trade Mark Agent.
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Draft Rules and Regulations under Insolvency and Bankruptcy Code, 2016
Keeping view to change the scenario of the Insolvency and Bankruptcy to make economic reforms in India, now the Government has issued Draft Rules and Regulations under Insolvency and Bankruptcy Code, 2016.
The Draft Rules and Regulations have been uploaded on a web portal by the Ministry of Corporate affairs. The Ministry has issued a public notice dated 6th October, 2016 inviting the comments on the Draft Rules and Regulations under Insolvency and Bankruptcy Code, 2016
According to the notice issued by the Ministry of corporate Affairs, a working group was set up as part of the process for implanting the Insolvency and Bankruptcy Code, 2016. The working group as mentioned above consisted practitioners and experts for making recommendations for drafting regulations for registration and regulation on insolvency professionals and insolvency professional agencies.
Further, the public notice mentions that, based on the recommendations of the working group following regulations have been drafted:
1. Draft Insolvency and Bankruptcy (Model Bye-Laws of Insolvency Professional Agencies) Regulations, 2016
2. Draft Insolvency and Bankruptcy (Registration of Insolvency Professional Agencies) Regulations, 2016
3. Download Draft Insolvency and Bankruptcy (Registration of Insolvency Professionals) Regulations, 2016
Comments invited by the Government,
The ministry has invited comments from the stakeholder on the draft rules and regulations, according to the public notice. The last date of submission of the comments as mentioned is 28th October, 2016.