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New trade mark rules have taken effect in India which have introduced a number of changes in practice. For many applicants, the main difference will be a substantial increase in official fees. However, individuals, startups and small entities will benefit from a new differential application fee which is 50% lower than that for other applicants.
Other key changes include the ability to submit MP3 recordings when filing sound marks, the possibility of requesting that a mark be designated as a “well-known” mark, and the requirement that applicants claiming use of a mark in India submit an affidavit attesting to use and supporting evidence.