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

Form 26 to replace Form 3CD of tax audit report by a CA from Tax Year 2026-27

Form 26 to replace Form 3CD of tax audit report from Tax Year 2026-27 Draft Form 26 has been issued…

4 hours ago
  • Income Tax

When no addition is made on the basis of reasons recorded, reopening is bad in law

When AO do not make any addition on the basis of the reasons on which the reopening was done, the…

6 hours ago
  • Insurance

No separate compensation for loss of love and affection under MV Act – SC

Under MV Act separate compensation can not be granted under the head “loss of love and affection” – Supreme Court…

1 day ago
  • Income Tax

Trust accredited by National Open School eligible for registration u/s 12AB & u/s 80G

Trust accredited by National Institute of Open Schooling eligible for registration u/s.12AB and u/s 80G of the Act. In a…

1 day ago
  • Income Tax

Delay in furnishing Form 10B – Covid Period to be excluded as per decision of Supreme Court

Delay in furnishing Form 10B – Period between 15.03.2020 till 20.08.2022 to be excluded as per decision of Hon'ble Supreme…

3 days ago
  • Income Tax

Section 271AAB does not grant any immunity from penalty in terms of section 273B

Section 271AAB does not grant any immunity from penalty even if the assessee was able to show some reasonable cause…

3 days ago