In a shocking revelation, the Department of Industrial Policy and Promotion (DIPP) has filed an affidavit, before Justice Murlidhar of the Delhi High Court, stating on oath that the Trade Marks Registry has lost a record 44,000 files relating to trademark registrations and oppositions. 44,000!!!! Phew! Wow! The Delhi High Court Order is available over here.
This revelation is a result of an earlier order of Justice Murlidhar, which we had covered in December, 2010 over here. Halidram Pvt. Ltd. had filed a writ petition asking for inspection of certain trademark registration and opposition files which were related to pending litigation. Halidrams was joined by several other parties who impleaded themselves and since the Trade Mark Registry had not been able to come up with a viable explanation the Court ordered an enquiry by the Secretary of the DIPP, which controls the Patent & Trade Marks offices through the Controller General of Patents, Trademarks & Designs.
To the credit of the DIPP it carried out the investigation within the specified time-frame without asking for adjournments and has prepared a comprehensive action plan to prevent the recurrence of such events. According to the affidavit filed by the DIPP most of the files were misplaced when the Trade Marks Registry was decentralized from Mumbai to the other cities. The DIPP and the Controller General of Patents, Trademarks and Designs have also promised the Delhi High Court that they would implement a scientific record keeping scheme to ensure all files were in order. There will now be quarterly audits of all the files stored in the different trademark registries and FIRs would be filed if it prima facie appeared that there was some hanky panky behind the missing file. The Delhi High Court was also promised that with mandatory e-filing of trademark applications expected to come in soon the scope for missing files would be reduced drastically.
As for the missing Halidram files, the Court was informed that a FIR had been filed with the police for further investigation. The Haldiram files would be reconstructed through existing records of the trademark, either in the trade mark journals or the electronic database. The High Court has directed the DIPP to start implementing its report without any delay failing which any of the aggrieved parties could once again approach the Delhi High Court for further directions.
Hopefully this will be the last such instance we hear from the Trade Marks Registry. The Patent Office however is a completely different story especially since its electronic database, as accessible from the internet, is not even half as good as the website of the Trade Mark Office.
In that instance I would like to apprise all (whistle blower) that conduct / misconduct of all the employees of TMR, Delhi shall also been taken into consideration.
I would like to talk about one such incident where Mr Ravinder Kumar (clerk / senior clerk) of the Trademark Registry, New Delhi has been involved in disappearance / malafidely taking away of many such files.
I must not be having any proof of the same but the CBI enquiry is a must for such disappearance of the files which is a serious fraud on the part of Trademark Registry.
Such employees must be rusticated from the immediate effect.
Do not know whether the files that are missing are 44404 or more. It will be known when the department publishes the list and people concerned see. It is wondered in para 9 (a) of the order there is mention of 60052 files misisng, but then the figure goes down to 44404?. The fact that the files that are missing are pertaining to only registered trade marks. There are many files pertaining to opposition which are missing. The same also finds mention in the affidavit and in the order of the Court. There would be lakhs of files of pending applications which are missing. No one has thought about it. There are several marks which have been accepted but are not being published for many years altogether. WHY? In fact the TMR has no system of movement register about the files. Every other Government office has the movement regsiter. If there is movement register one can know where the file is who took it the last time and for what action and if after taking the action, the file was returned to the record keeper. How is the TMR going to fix up the responsibility is to be seen.
I have gone through, you’re this post, where the enormity of files have gone missing without any trace proves that these files have not gone missing on one day but have been deliberately destroyed with the convenience of Trademark registry staff and has been going since long but especially MR. V Ravi tenure enormity of handiwork of junior staff was up as MR. V Ravi did not initiate action against the his own staff , as I t does not mean that now the trademark registry has come to know of missing file, Since longtime it is within the knowledge of ministry as well as TM registry, that files are missing and their own officials are destroying the file for petty financial gains.
The impression given by the Trademark Registry to the Hon’ble court in the matter is absolute wrong, everybody in the registry knew about the missing files, though the Hon’ble Court has directed the ministry DIPP and to the Trademark Registry to file FIR against all officials for this wrong doing, till date nothing has happened in this matter except FIR has been filed against the unknown, as nobody knows in the Trademark Registry about the officials name, who have been handling the files or entrusted with manning the files. The surprisingly Mr. V Ravi whose name is being recommended for member technical post in IPAB by DIPP under ministry of Commerce cannot absolves himself from this muddle, as he was at helm of Trademark Registry as controller, so I am surprised how the senior officials of DIPP under ministry of Commerce recommended his name for such a august post in IPAB despite of knowing fully that Mr. V Ravi Joint Registrar does not have caliber to become a member technical in IPAB nor he has judicial acumen to understand the legal nuances.
This is going to be another wrong recommendation by the senior officials of DIPP under ministry of Commerce member technical post in IPAB, as they had done earlier in the case of Mr. Abaidur Rehman, even at present senior officials of DIPP under ministry of Commerce though knowing it fully that this person V Ravi Joint Registrar is not fully fit to be a member technical in IPAB as he does not have legal acumen nor capability and further he was at helm of affairs of TM Registry, when these files got missing from the Trademark Registry, still forwarding his name for the said post has not only baffled me but many others lawyers, who do regular practice in the registry, as everybody knows that he is expert shoe licker, due to this sole reason, V Ravi Joint Registrar has been forwarded for the post of member technical in IPAB.
How the senior officials of DIPP under ministry of Commerce can recommend Mr. V Ravi Joint Registrar name for such an august post in IPAB despite of knowing fully that he cannot absolves himself nor officials of DIPP under ministry of Commerce can absolves him from missing files, as he is solely responsible for anarchy state of affairs prevalent in that time in the trademark registry. As far as I know, officials at DOPT cannot keep their eyes shut on the reality and DOPT officials have to give reply one day to public if they try to mislead or hide relevant strictures from ACC on his elevation to IPAB, as recently what has happened in the appointment of CVC, how can vigilance wing of DIPP or Trademark Registry can give clearance without conducting inquiry or fixing the responsibility of missing files and allow him to join as member technical, The Hon’ble court has clearly directed the DIPP or Trademark Registry to initiate action against all those who were part of missing files than how come DIPP or Trademark Registry officials have recommended his name despite of the order of the Hon’ble court.
It is very much clear that the officials of DIPP under ministry of Commerce and Trademark Registry are in hand in gloves despite of court orders his name has been recommended rather in my opinion Mr. V Ravi Joint Registrar has been awarded “TAMRAPATRA” for courageous job in making 44404 file missing without any trace now he is being elevated to reenact same feet in IPAB to let make these files also missing from IPAB to cut down the list of pending matters, thus there will be no pending case remaining in IPAB and the officials of DIPP under ministry of Commerce will make a yearly report saying all matters disposed what a pity.
Is Mr. V Ravi Joint Registrar is not responsible for missing of 44404 files in any manner from Trademark registry?
The forwarding of name of Mr. V Ravi Joint Registrar for the post of member technical post in IPAB is an award for his rendering service in making 44404 file missing without any trace.
Why Controller General of TM Registry has relieved him from his joint Registrar post without ascertaining his role in missing 44404 files?
How clearance has been accorded to V Ravi Joint Registrar by Controller General of TM Registry or by officials of DIPP under ministry of Commerce without even conducting an enquiry on ascertaining his role?.
Is it fair on the part of Controller General of TM Registry and officials of DIPP under ministry of Commerce to give clean chit to Mr. V Ravi Joint Registrar before even conducting an enquiry on missing 44404 files?
How the officials of DIPP under ministry of Commerce has forwarded Mr. V Ravi Joint Registrar name for such an august post in IPAB against the order of the court.
Is it not duty of the officials of DIPP under ministry of Commerce to see whether vigilance clearance has been accorded or not to Mr. V Ravi Joint Registrar name for such post in IPAB.
How came Mr. V Ravi Joint Registrar has not penned any judicial order in whole of his service career and still his name has been recommended member technical post in IPAB.
Contd………That I am perturbed as well as dismayed at the silence of our lawyers brethren, who are watching the degradation of IPAB silently for longtime, which is going down since the day Mr. Abaidur Rehman was appointed as member technical in IPAB, our silence in the matter appointment of Mr. Abaidur Rehman as member technical in IPAB is being paid by us as he has failed to live up to the expectations to post he had joined, I know many of our colleagues may be happy or going to rejoice over Mr. V Ravi Joint Registrar appointment but I know later date they will be the lot, who will repent later for this choice as we all well know, we reap what we sow, so sooner or later everybody is going to have share of his judicial expertise by having judicial orders now I do not need to say more about remaining members at IPAB.
It is very much sure the IPAB graph is steadily going down and will go further if the appointments of this sort are going to be a precedent; then ultimately, we the lawyers and our litigants are going to be sufferers that will solely due to our silence and the apathy of the officials of DIPP under ministry of Commerce, who are solely interested in putting their own wise men amongst the people fool like us, who are always bending our backs for petty financial gains.
Though I congratulate SPICY team for taking up many issues from time to time for benefit of the people at large and further exhort you SPICY IP team to take up this issue with DOPT and ACC as we lawyers have failed to take up this issue till date and have further failed to see emergence of boot lickers amongst us, who are bent upon in maligning the system in whole and as well as our community concerning to BRAVO LONG LIVE OUR SILENT COMMUNITY
I read about Mr. Ravinder Kumar clerk/senior clerk. Do you know he owns a Mitsubishi Lancer for the last more than 5 years.
Mr. Ravi has not delievered any order in opposition matter. How is he going to deliver any order/judgment in IPAB if appointed as technical member. what does he know about the judicial proceedings.
How is the department going to fix responsibility for the missing files is to be seen. This large chunk of files cannot be gone missing in one day or during the transit as is claimed by the department in the affidavit. Let the department publish the list of missing files. When the department can identify the number of files, they should be having the list. On publication of the list will public and the stakeholders come to know about it in detail and would come forward for re-constructing the files.
The recent report of 44,404 missing files has further shattered the faith of the practitioners as well as of the stakeholders. This has also turned our doubt into a firm belief that there is a clear nexus between TM Officials and outside parties.
I agree with you, leave the cars alone, as it is a small thing for them, do you know, all examiners in TM registry in Delhi have flats that too in Dwarka area, i am sure few of them have palatial houses or even more then one flats in Delhi and these examiners have been earning money on daily basis comparatively equivalent few of the Top senior advocates, understandably, with their meager salaries, how can these examiners have built fortunes there by having many properties by all beyond their financial capability or means. Of course there earning have been one can imagine or their beyond imagination.
It is high time now before any Anna Hazare like person comes and raises his voice rather CG should look in to the aspect that how many has declared their assets so far till date and CG should further ask Delhi TMR staff to declare fixed or moveable assets they have acquired during last 10 years, as in government service you have to declare any assets moveable or moveable beyond 5 or 6 thousand to your parent office.
We need ANNA Hazare intervention here too
Regd Files Missing Files
Delhi 224,810 7,291
Mumbai 279,446 9180
Chennai 103,834 15,557
Kolkata 64,00 19,179
Ahmdabad 150, 023 2,197
TOTAL 722, 114 44,404
The enormity of the files found missing from the IMR offices all over India is really a worrisome trend, as one couls see the position of TMR office at Chennai, where almost 15% of the total record is missing,. As everybody knows what has happened recently at Chennai, where Dy. Registrar was raided by CBI and large cache of money was recovered, it is a well known fact that few years back also some Dy. Registrar, TMR office at Chennai was caught by CBI.
If you see the track record of Kolkata TMR office in maintaining files, one would see that almost more than 30% of the files are missing from Kolkata office Phewww….. out of 64,000 files, so Kolkata is more ahead of chennai in making files missing and rest of TMR offices are less than 10% having missing files, so the missing of the files from the offices is not that it went missing suddenly during the transit.
The files went missing slowly from TMR offices by the respective staff/officers, which were on the payrolls of the outsiders/agents and have deliberately, removed / destroyed the record for financial gains, as the respective staff/officers of the TMR offices have been doing since long and as the offices were shifted and probably there the officers/staff realized the enormity of the missing files , there then they mooted the idea of having plea that we have lost files in transit while shifting the offices.
This particular plea does not go well with any sane person that how can TMR offices shifted files without counting or bifurcating in proper manner, the act of the officers and staff is looks like to be a childish or novice , wherein they do not how to keep judicial record in a proper manner. If thi is a problem than majority of the staff/officers of the TMR offices does not deserved to be in services, their services should be dispensed immediately and should be removed if this is a position of government office, as they had made us laughing stock in the eyes of outside world, where we claim ourselves to front runners in technology.
The status of files are not made by the TMR offices but the TMR offices was forced to come out with report on missing files by the court, as the TMR offices as the respective staff/officers of the TMR offices have been sleeping since long despite of knowing factual position on the files. So we as a alert citizens of this country suggest to the controller General is to take this matter with serious view and immediately set up an inquiry committee to find out truth behind this sinister game and in the meanwhile or till report of the inquiry is not submitted, he should not relieve, release any officer(s) or staff from office of TM registry. This inquiry will open like pandora of box, where one is going to unearth many scams for making file missing from TMR offices all over India.
Otherwise, Anna like some other person will take and will highlight the issue of corruption in TM registry, which has been flourishing despite of obstacles of all sorts till date.
I have posted my comments in the afternoon but till my comment has not been posted on blog, if it takes 4 to 5 hrs in posting comments than what is the use of sending comments in the post,so my suggestion is to you that please let the comments gets posted at same time but if the comments are not as per your policy than you should remove it at the earliest but do not hold comments for long time.
@ IP Vocal – FYI – Blogging is not our main job, we have to earn a living, so I would strongly recommend some courtesy and some compassion the next time you leave a comment on this blog.
Prashant
As far as my view the blogging is a passion for young generation to which you belong and passion always plays important or equivalent part or it goes side by side with professional commitments.
AS in my earlier post, I have merely suggested of adopting the technology or system wherein there is a lesser need for your intervention and as far as of my having long exposure in my age and professional life that the suggestions are always has two ingredients,which you have talked about, when these are mooted for the other side.
As I feel you are much younger, so take suggestions always in to positive manner, you have long years to go in your life
I believe you do not command large readership. It is only a few. This I am saying seeing the number of comments posted. On these burning issues that are raised by you, the number of comments are peanuts. Or may be that you are not publishing the comments that are being sent by readers as IP Vocal has said. If you do not have large readership then you need the publicity or create awareness in whatever manner is posisble.
It would be of interest in case the details of the properties are disclosed by IP Vocal which he has stated that the Delhi Examiners are having.And why only examiners like Bali, Juneja, Jai Prakash etc. but also Ms. Prem Lata and Amar Prakash. Look for the properties Mr. GL Varma amasssed while he was in Delhi or otherwise.
Apart from Ravinder who is stated to have been involved in disappearance / malafidely taking away of many such files, it is Mr. Sanjay and Bandhu too.
Dear Anonymous@ 8.16 am,
In my post,I have discussed the only issue of missing files, not properties.
In my own experience at TMR, Ahmedabad, we had filed request for inspection of one opposition file AMD-1010 last year; to date that file has not been traced out….this is one of the classical example of missing files which has now been reported….
dear anonymous
it is incorrect to suggest Mr. V. Ravi has never passed any order in opposition proceedings, please note that there are atlease 9 order reported in patent and trade mark cases, those delivered by Mr. V.Ravi in different proceedins before the Registar.
N.K.MANCHANDA
ADVOCATE
9811087261
[email protected]
IP Vocal had confined the blog for missing files for which according to him Mr. Ravinder was responsible. What for the files went missing. Was it for nothing? Many files of returned certificates are still lying with him even now. What for? What steps have been taken for handing over of the said certificates to the rightful claimants? What would happen to the renewals of those marks.
Mr. Manish has stated about one file. It is understandable that he is concerned with one file which has not been given to him for inspection. Let the information be called for from all the 5 offices as to how many people are asking for the inspection of files since long and the files are not being given for inspection.
Mr. Manchanda, is right. There must be many more orders passed by Mr. Ravi which have not been reported. BUT is he competent to become Technical Member of IPAB? IS it that he is the incumbent now that he wants to do choplusy
Mr Manchanda,
Though i do not personally know you,but i would like to clarify that Mr. Ravi has passed last order some where in 1995 and after that he has been looking in to administration as well as publication division but the IPAB post we need judge not administrator as member his job would not be of arranging cars or maintaining building, his prime job would be to write orders, so even otherwise as administrator his track record is not good, see the post 44000 files got missing. can he absolves himself from this muddle of missing files, as he was very much at helm of Trademark Registry as Controller General, as he was weak and could not control his subordinate staff.
IP Vocal is correct. The whole resposiblity of missing file goes on Mr. V. Ravi. He does not know the judicial proceedings.
I will request all the readers, who are contributing posts by airing views,under anonymous names, for god sake, please do not put words in my mouth and I fully stand with what i have said in my posts.
Subject to first posting for this particular blog news – I must Re-instate that many important matters like Legal Proceeding Certificates, Certificate of Registration of duplicate copy were earlier issued by Mr Ravinder Kumar in the garb and address of Mr Bali. I had beared the wrath of these people and they have taken around a year to issue the LPC in many many cases.
I believe that such officials must be performing there duties under strict scrutiny and TMR reputation must not be at stake.
Its easy to find the missing files. just give rs.100 to the peons. they will track the files like dogs and come back wagging their tails with the files.similar to throwing bones before dogs.
Dear IPVOCAL and ANONYMOUS
It is surprising that you do not know the person who is in IPR practice for the last more than 20 years and appearing before all branches of Trade Marks Registry, IPAB and different courts of the country. the last order passed in 1995 is available in the PTC but there are several other orders passed thereafter but not reported.
I request all to disclose their name / identity while submitting their grievance and also the persons who are supporting the grievance, so that user may able to know the persons names.
Is it necessary for the IP attorney or advocate to know bout you, rather i am not interested in knowing more about you but do not hold brief for any body without a power of attorney,
I know you are trying to take mileage by supporting the cause of incumbent member technical, your preceptions may be different from mine, lets us both carry our own perception on this issue please do not waste this blog posts by airing individuoal squabbling through unnecessary posts rather give meaning ful inputs without going overnoard.
IPVOCAL
THANKS FOR YOUR SUGGESTION
Hi All,
Mr Y.K.Bali,Mr. Jai Prakash and Mr. I.S. Juneja are the main defaulter for missing files from TMR office.they have more than 2 flats in Delhi (Rohini & Dwarka) area and luxurious cars too.in year 2004 they have Janta falts in rohini ut after that they have purchased HIG flats in Rohini as well as dwarka.these examiners have been earning money on daily basis comparatively equivalent few of the Top senior advocates, understandably, with their meager salaries, how can these examiners have built fortunes there by having many properties by all beyond their financial capability or means. Of course there earning have been one can imagine or their beyond imagination.
THanks
I have heard that Mr. V. Ravi has since resigned. His resignation is yet to be accepted. This is perhaps as a prelude to the incumbent post of technical member IPAB. He will eb Dulha in the sense that if he is the necessary prty to the hearings zas per IPAB Rules be being a technical matter in so far as the trade mark matters are concerned. So if the bench consists of Chairman or Vice Chairman, he is the Dulha with both.
Anyone can ask for the income and property statement of these employees through RTI.Why is the CBI only raiding chennai trade mark office and not other branches?
It has been learnt that Amar Praksh is being promoted as JR and I S Juneja as AR. Reward for missing the files?