India: new amendments to the Trade Marks Rules 2002

In May 2010 the amendments made by the Indian Government to the Trade Marks Rules, 2002 came into force. According to this new legislative text, which will probably be called "Trade Marks (Amendment) Rules, 2010", the registration owner will be able to obtain a duplicate copy or a copy of the Registration Certificate if he proves that he had never received such document and without having to pay further fees (contrary to the earlier scenario). In any case the duplicate of the Registration Certificate may be requested before the expiry of the "restoration period" (the period during which the owner may request the restoration of its trade mark already expired). The amendments to the Trade Marks Rules 2002 also provide for the adoption of the ninth edition of the Nice Classification. Therefore this amendement will enable applicants to file trade mark applications in classes 43, 44 and 45. The aim of this amendement is that to evenly implement the trade mark procedure currently in force and worldwide recognised.

07/02/2010 | Trade Mark