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Notification regarding Amendment of Trade Marks Rules, 2002 for making e-filing of Trademark application mandatory.

November 5, 2011

The Central Government vide its notification dated October 13, 2011 has proposed to amend
certain rules (particularly Rule 8 and Rule 13) in Trade Mark Rule, 2002.

Important Draft Rules

  • The amendment pertains to duly authenticated online electronic transmission of any
    application, notice, statement, opposition, renewal, report, fee, form or other authorized
    documents or required to be filed, left, served, paid, made or given to trade mark registry or
    to the registrar or to any persons under the Trade Marks Act and Rules.
  • However if an applicant or legal entity (who is not a trade mark agent or an advocate under
    Advocates Act 1961) uses online electronic transmission, they may do so without electronic
    authentication, but in such cases, the duly signed physical documents are required to be
    submitted within 15 days of online submission.
  • The notification also delineates the formats and size etc. of the documents required by the
    Registry.
  • The draft rules shall be considered after the expiry period of forty five days (45 days) from the
    date of its availability to the public. Any objection or any suggestion on the same can also be
    submitted to the Department of Industrial Policy and Promotion, Ministry of Commerce and
    Industry, Udyog Bhavan, New Delhi.

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