Trademark Registration serves as an asset that is intangible or even enjoys the status of intellectual property for the business for acting as a shield in protecting the investment of the company in the branding process and symbol. Registration of a trademark is only be granted when it is distinguishable from the other goods and services while trademarks which are proposed if found analogous and interchangeable anticipate a clear rejection in terms of registration followed by outrageous, distasteful, universal, in-distinctive, fallacious ones or anything consisting of protected emblems too stand rejected.
GOVERNMENT OF INDIA
Ministry Of Commerce & Industries
Patent, Designs And Trademark
Bouhik Sampada Bhawan,
S.M. Road, Antop Hill, Mumbai 400037
CG/Public Notice-/2016-17/ Date: 11/04/2016
Trademark Registry has treated many applications as abandoned under Rule38(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), was received in spite of examination reports containing office objections having been dispatched to applicant or their agent individually. Subsequently, some complaints were received claiming that Trademark application had been treated as abandoned even though the reply on behalf of the applicants were submitted but the same was not received by the applicants or their authorised agents in time due to which the response could not be filed and the applications have been wrongfully treated as abandoned.
Trademark registration in India
Taking note 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 up to 30/04/2016.
Meanwhile Writ Petitions WP (C) 3043/2016 & 3067/2016 were filed before the Hon’ble High court, Delhi and Hon’ble Court vide their order dated 05/04/2016, has stayed the orders of Trademark abandonment passed by 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 Mark after 20/03/20016 are being kept in abeyance and the applicants or their authorized agents concerned can file reply to examination reports containing office abjections either through comprehensive E-filing services of trademarks available at the official website or through email services of trademarks available at the official website or through email at firstname.lastname@example.org and email@example.com. 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 firstname.lastname@example.org along with a copy of the reply filed. further action in this regard will be taken in accordance with the law and the direction/orders of the Hon’ble court in ongoing writ petitions.
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