Trademark Rules Reformed: Filing Applications In India

With a view to bring about radical changes in the trademark registration process, the Government of India has introduced completely new Trade Marks Rules 2017 ("Trade Marks Rules") to replace The Trade Marks Rules, 2002 ("Old Rules"). We have discussed the essential requirements to file for a trademark as per the Trade Marks Rules in this note.

Key Changes to the Trademark Filing process in India:-

1. New Forms: The forms for filing and other related matters have been consolidated from 74 forms under Old Rules to only 8 forms. However, the information to be provided in the new forms is similar to the information required under the Old Rules.

2. Usage Affidavit format and content: In case of a prior user based trademark application, an affidavit is mandatorily required to be filed at the time of filing the trademark application. This affidavit is to be filed to support usage of the mark in India. ¹ This is a new requirement. The Trade Marks Rules does not