Trademark

Delhi HC stays abandonment of TM applications [Tidbit]


Earlier this week, we’d carried a guest post by Ameet Datta which chronicled an inexplicable decision by the Trade Marks Registry to deem applications as abandoned on the ground of non-response to examination reports.

On April 4, the Controller General of Patents, Designs and Trademarks issued a notice on the official website. In pertinent part, the notice states:

“Some complaints have been received claiming that some of the applications have been treated as abandoned even though the reply on behalf of the applicants have been submitted but the same was not considered; some complaints have also been received to the effect that the examination reports containing office objections have not been received by the applicant or their authorised agent concerned as such the same could not be replied and the applications were treated as abandoned.”

In view of this, the CG has sought representations (to be received before 30 April 2016) from applicants whose applications have been erroneously deemed as abandoned.

On April 5, Justice Manmohan of the Delhi HC heard a batch of writ petitions challenging the TMR’s decision that initiated the culling of these applications in the first place. These writ petitions included one filed by Chander M. Lall on behalf of the Intellectual Property Attorneys Association and another by Anand & Anand on behalf of the Tatas. While we do not have the Delhi HC’s order yet, we’re told that Justice Singh has stayed the Registrar of Trademarks’ decision. We’ve also been informed that the High Court has issued a direction to the Registrar not to pass any abandonment orders without issuing notice through registered post to the applicants concerned, as prescribed under law.

We’re still waiting on the full text of Justice Manmohan’s order, so if any of our readers has a copy or any additional information on this, please write in!

Balaji Subramanian

Balaji Subramanian

Balaji is a third year student at NALSAR, Hyderabad. He is currently an editor of the Indian Journal of Intellectual Property Law. He is fascinated by technology law and IP law, and is an active member of NALSAR's Technology Law Forum. When he isn't doing law school things, he wanders the country looking for quizzes to participate in. He can be emailed at [email protected]

4 comments.

  1. AvatarArun Kumar

    dear Balaji, was the order passed by Justice Manmohan Singh? Because he will surely know how the tm office works.

    Reply

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