Overview of Draft proposed Trade Marks (1st Amendment) Rules, 2024 in India

Draft proposed Trade Marks (1st Amendment) Rules, 2024 in India

In a bid to fortify trademark governance and refine the adjudication process, the Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has introduced the Draft Trade Marks (1st Amendment) Rules, 2024. These proposed amendments, conducted under the delegated powers provided for in Section 157 of the Trade Marks Act, 1999, aim to introduce a unified adjudication process, ensuring consistency and efficiency in the execution of the Act. The strategic modifications outlined in these amendments seek to optimize the adjudicative framework, empowering stakeholders and fostering a more robust administration of trademark-related matters.

Key Amendments Introduced

• Definition Clause

The draft rules incorporate new definitions to streamline the adjudication process. Terms like 'adjudicating officer', 'appellant', 'Appellate Authority', and 'Complainant' are now clearly defined, providing clarity and coherence to the adjudication process.

• Means of Communication

The amendments mandate electronic communication for all adjudication of penalties under the Jan Vishwas Act, 2023, enhancing communication channels and ensuring a more efficient process.

• Adjudication of Penalties

Chapter VII-A is added to lay down a framework for adjudicating penalties. Any person can file a complaint under TM-D against contravention or default under Section 107 of the Act, dealing with false representation of a registered trademark.

• Appointment of Adjudicating Officer

The Registrar appoints the Adjudicating Officer, who holds the power to impose penalties upon those found guilty of contravention under Section 107 of the Act.

• Allocation of Complaints

Complaints are randomly and automatically allocated to the Adjudicating Officer through a computer resource system, ensuring fairness and impartiality.

• Powers of Adjudicating Officer

The Adjudicating Officer is vested with powers akin to a civil court, including enforcing attendance of witnesses and compelling production of documents.

• Summary Proceedings

The Adjudicating Officer has the authority to summarily dismiss proceedings when a prima facie case is not made out, ensuring swift resolution.

• Quantum of Compensation

Determination of compensation involves considering factors such as gain or unfair advantage, loss caused, repetitive nature of the default, and extension of the time period.

• Conducting an Inquiry

The Adjudicating Officer may conduct an inquiry and provide a reasonable opportunity for the person(s) concerned to be heard, even in absentia if necessary.

• Appeal Mechanism

Any person aggrieved by the decision or order of the Adjudicating Officer may prefer an appeal to the Appellate Authority within sixty days, ensuring a mechanism for recourse.

• Updated Second Schedule of Trademark Rules

The amended rules introduce new forms for filing complaints, written submissions, and appeals, facilitating a structured and organized adjudication process.

Conclusion

The proposed amendments to the Trade Marks Rules, 2017, through the Draft Trade Marks (1st Amendment) Rules, 2024, signify a significant stride towards enhancing trademark governance. By introducing a unified adjudication process, clarifying definitions, empowering stakeholders, and streamlining communication channels, these amendments aspire to elevate the precision and efficiency of the adjudication process. However, careful consideration and refinement of certain aspects, such as the qualifications of adjudicating officers and the determination of compensation, are crucial to ensure fairness and transparency. With the opportunity for objections and suggestions open, it is imperative for stakeholders to actively engage in the refinement process, contributing to the creation of a more seamless and effective trademark governance framework.