Cosmetics SMEs to feel the brunt of India's rise in trademark registration fees

A recent draft published by India's Ministry of commerce reveals that new trademark procedures are set to be implemented as it strives to simplify and expedite its backlog of filings.

This in turn will see a hike in fees by a hefty 100 per cent for registration costs, change of information and renewal. Applicants are also cautioned about a further 10 per cent levy if the paperwork is not submitted in the electronic mode.

Other notable amendments include discretionary powers to be given to the Registrar of Trademarks to determine whether or not a trademark is 'well-known' which included in the list maintained at the registrar's office.

Currently, no such list exists.

"From filing to renewing, the entire trademark registration procedure will cost an applicant twice as much as it does now. There is also a huge backlog in disposing of trademark applications filed under the national application route. The proposed hike in fees will prove to be more cumbersome to business entities, especially startups​," Raja Selvam, a managing attorney at law firm Selvam and Selvam told the Times of India.

Updating its registration process across the board...​

India's Health Ministry has been actively overhauling its guidelines for imported cosmetics product to provide an insight to companies in recent years.

As of April 1, 2013, guidelines were issued to facilitate the registration process of a wide range of cosmetics from skin to hair care.

They stated; “All cosmetic products that are imported for sale in India need to be registered with the licensing authority as defined under Rule 21 of Drugs & Cosmetics Rules, 1945.”​

Since that date, an application for registration in Form-42, along with all requisite documents, should be submitted to the Drugs Controller General of India (DCGI).

Either the manufacturer, the authorised agent of the manufacturer, or the subsidiary of the manufacturer or any other importer can apply for registration of imported cosmetics with the DCGI.

If the applicant seeks to import the same brand belonging to different manufacturers, then separate applications need to be submitted for each manufacturer and separate fees will therefore have to be paid.