A trademark’s degree of registrability or its ability to sustain a suit or enforce a…
Reportedly, the Trade Mark registry has abandoned huge number of trademark application since 28th March 2016. The Intellectual Property Attorneys Association, an organization based in Delhi, filed writ petition at Delhi High court alleging that the trademark registry has cancelled an unusually huge number of trademark applications without issuing notices to the applicants or their agents. Through a separate petition Tata Steels Ltd also moved to the court seeking stay on the order affecting its rights by such abandonment.
The matter was taken on board on dated 4th April 2016 considering the urgency and seriousness of the matter and the Hon’ble Delhi High Court stayed all orders issued after 20th March 2016 by the Registrar of Trademarks, for abandonment of the trademark applications.
The Hon’ble Delhi Court held that considering the startling figures of disposal within a short period of time as well as the serious allegations in the writ petition, the orders of the abandonment passed by the respondents on or after 20th March, 2016 were stayed. Also, it was ordered that till further orders, the respondents shall not treat any Trade Mark applications as abandoned without proper notice to an effected party as provided under Sections 21, 128 and 132 of the Trade Marks Act, 1999
Pursuant to the Order by the Hon’ble Delhi High Court in the said writ petition, Trade mark registry passed notification dated 11th April 2016 notifying that abandonment orders passed by the Registrar of Trade Marks after 20/03/2016 are being kept in abeyance. The applicants or their authorized 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. 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 [email protected] along with copy of the reply already filed. It is further indicated that 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.
About the Author: Mr. Abhijeet Deshmukh, Trade Mark Attorney, Khurana & Khurana, Advocates and IP Attorneys and can be reached at:[email protected].