Registrar of Trademarks issues new public notice following Delhi HC’s stay order
Last week we reported about the recent Delhi High Court order dated 05/04/2016 regarding the recent abandonment of multiple trademark application by the Trade Mark Registry. Ruling on Writ Petitions WP (C) 3043/2016 & 3067/2016, the Delhi High Court stayed the abandonment of all trademark application on or after 20/03/2016.
A quick recap for all readers who have not been following the story- The Trade Mark Registry had recently abandoned numerous applications under Rule 38 (5) of the Trade Marks Rules 2002, according to which if the examination responses are not received within thirty days such applications shall be abandoned. As per the Registry all examination reports were dispatched, but no responses were received for those reports which led to the abandonment. Following this move all aggrieved parties, that is the applicant and/ or their agents complained to the Registry and two separate Writ Petitions were filed in the Delhi High Court. The High Court jointly heard both petitions and ordered for the staying of such abandonment. A day before the aforesaid order was given by the High Court , the Controller issued a public notice asking all aggrieved parties to “send a representation with all details along with sufficient documentary evidence substantiating his/her case…… before. 30/04/2016.” It also stated that “any representation to this effect submitted after 30/04/2016 will not be considered.”
Now following the Delhi High Court’s order a new notice has been issued (11/04/2016) which states the following-
“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 [email protected] and [email protected]. 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. 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.”
The link to the aforesaid circular is given below.