On January 10, 2023 the Department for Promotion of Industry and Internal Trade (DPIIT) published the proposed Trade Marks (1st Amendment) Rules, 2024. As discussed by Pragya Singh and Lakshita Handa, here, the proposed Rules are marred with inconsistencies and can surely benefit from an assessment through the principles of simplicity, rationality, accountability and accessibility. Right on the heels of their post, we are pleased to bring to you detailed comments on the Proposed Rules authored by Praharsh, Pranav, Swaraj and Reva. Our comments are divided into three parts- General Comments on the lack of transparency behind the process adopted to formulate and draft these proposed amendments and the insufficiency of time to comment on them. Substantive Comments on the limited scope of the proposed adjudicatory mechanism, need of clarity on the qualification of the designated officers, ambiguity regarding the meaning of a few key terms, and the authority to grant compensation within the proposed Rules. And, Procedural & Clarificatory Comments pointing out the ambiguity in the timelines, some glaring typos, and the need for clarity regarding the mode of service of necessary documents.
Readers can find our comments linked here. Also, we’d be happy to link to/share any other submitted submissions to the Ministry if anyone would like to share their comments with us.