Trade Mark

Abandonment orders by Registrar Trade Marks after 20/03/2016 kept in abeyance, Applicants, authorised agents can file the reply to examination reports

GOVERNMENT OF INDIA
Ministry of Commerce & Industries
Office of the Controller General Patents, Designs and Trademarks
Boudhik Sampada Bhawan,
S. M. Road, Antop Hill, Mumbai 400037

CG/Public Notice-/2016-17/                                                                                              Date: 11/04/2016

Public Notice

Trade Marks Registry has treated many applications as abandoned under Rule 38 (5) of the Trade Marks Rules 2002, in cases where no response to examination reports containing office objections, (issued under rule 38 (4) and section 18 (4) of Trade Marks Act, 1999), were received in spite of examination reports containing office objections having been dispatched to applicants or their agents individually. Subsequently some complaints were received claiming that applications had been treated as abandoned even though the reply on behalf of the applicants were submitted but the same were not considered by the office; some complaints were also received to the effect that the examination reports containing office objections were not received by the applicants or their authorized agents in time due to which the response could not be filed and the applications have been wrongfully treated as abandoned.

Taking note of such complaints the Registrar issued a Public Notice on 04/04/2016 and requested all the applicants or their authorised agents concerned to submit representations with relevant details along with sufficient documentary evidence substantiating their case upto 30/04/2016.

Meanwhile Writ Petitions WP (C) 3043/2016 & 3067/2016 were filed before the Hon’ble High Court, Delhi and the Hon’ble Court vide their order dated 05/04/2016, has stayed the orders of abandonment passed by the Registrar on or after 20/03/2016.

In view of the above, it is notified to the public that abandonment orders passed by the Registrar of Trade Marks after 20/03/2016 are being kept in abeyance and the applicants or their authorised agents concerned can file the reply to examination reports containing office objections either through comprehensive E-filing services of trademarks available at the official website or through email at parm.tmr@nic.in and abhishek.p@nic.in. In case, the reply has already been filed and the office has erroneously treated applications as abandoned, information to this effect may also be sent through email at abhishek.p@nic.in along with copy of the reply already filed. Further action in this regard will be taken in accordance with the law and the directions/orders of the Hon’ble court in ongoing writ petitions.

Sd/-
Om Prakash Gupta
(Registrar of Trademarks)

Share

Recent Posts

  • Income Tax

AO took a reasonable stand that 25 kg written in WhatsApp chat was 25 lakh – ITAT

Assessing Officer had taken a reasonable stand that 25 kg written in WhatsApp chat/text message was 25 lakh - ITAT…

2 hours ago
  • Income Tax

Shareholders can’t be taxed for income from properties owned by the company – HC

Shareholders are only owners of the shares of the company therefore, income from properties earned by the company cannot be…

4 hours ago
  • Income Tax

Jurisdictional error in reassessment approval can’t be shielded by the law of limitation

When approval for reassessment was granted by unauthorised authority, such jurisdictional error cannot be shielded by the law of limitation…

7 hours ago
  • Income Tax

ITAT ought to remanded whole matter of bogus purchases instead of profit determination

ITAT on presumption of bogus purchases ought to have remanded case to AO to reconsider the whole matter instead of…

7 hours ago
  • Income Tax

Where proceedings u/s 153C barred by limitation, AO can’t invoke section 148 & 148A

Where proceedings u/s 153C are barred by limitation, AO can not reopen the case invoking section 148 and 148A of…

1 day ago
  • bankruptcy

Corporate guarantees executed by corporate debtor constitute “financial debt” under IBC

Corporate guarantees executed by the corporate debtor constitute “financial debt” under IBC and banks to be recognized as financial creditors…

1 day ago