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TRADEMARK REGISTRATION

Trademark defined in the Trade Marks Act, 1999 as, “trade mark means a mark capable of
being represented graphically and which is capable of distinguishing the goods or services
of one person from those of others and may include shape of goods, their packaging and
combination of colours.” A mark can include a device, brand, heading, label, ticket, name,
signature, word, letter, numeral, shape of goods, packaging or combination of colors or any
such combinations. With effect from 6 March 2017, the new trademark rules came into
existence. The intention is to simplify the whole trademark registration process and make it
hassle-free and quick. Some of the features of the new rules are sound marks are made
registrable; 3D marks are made registrable; e-filing is promoted; provisions pertaining to the
well-known mark; separate fees structure for an individual/startup/small enterprise and
others; expedited processing of application; hearing via video conferencing; and the number
of forms has been cut down to 8 from the existing around 75 forms.

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