On 14th August, 2017, in an attempt to speeden the trade mark registration process and clear the back log, the Controller of Patents, Designs and Trade Marks issued a public notice asking applicants to respond to examinations that were sent by the Trade Mark Registry before 15th September, 2017. As per the notice, not filing a response before the said date will result in abandonment of the trade mark application. A list of trade marks for which examination reports have been sent has been published by the trade mark registry, and applicants, and/or their trade mark attorneys, can search if their trade marks are among the listed applications. If a trade mark application appears on the list, the examination report, though not received by mail, may be obtained online, and a response to the same may be filed to avoid abandonment.
The public notice issued by the Controller is clearly an attempt to clear the back log, and applicants/attorneys are encouraged to do the following:
Check if their application is listed in the publication; and
File a response on or before 15th September, 2017.
The said action will not only prevent abandonment and delays in its revival, if that is possible, and will also enable speedy registration of their trade marks.
The Public Notice Reads as follows:
“Public Notice regarding default in filing of reply in respect of office objection raised in Examination report
During the verification it is noted that Trade Mark Registry has not received reply in some of the applications in respect of which examinations were completed before 31/03/2017 and the examination reports containing office objection(s) have been communicated to the person concerned at the address for service on record.
The list of such applications is attached herewith for reference. It is to be noted that examination reports are also made available on official website of the CGPDTM i.e. www.ipindia.nic.in along with the application status of the relevant application.
As per provisions of the Trade Marks Act, 1999 and rules made thereunder, such applications are likely to be treated as abandoned. Applicants / authorised agents may however as one last opportunity send the scanned copy of reply to the examination report on or before 15/09/2017 at [email protected], failing which the applications will be treated as abandoned.”
click here to read the notification.
Though non-receipt of the examination report can still be a ground for revival, and the notice is vague about the mode of transmittal of the examination reports, and uses the term “likely” for abandonment in one instance, this measure is an attempt to speeden the trade mark registration process, and BIP team urges applicants/attorneys to co-operate, and help the trade mark office take another step forward in its objective of transparent, speedy and well organized IP registration process. Unlike its earlier step, where lakhs of trade mark applications were abandoned without prior notice, this measure of the trade mark office is much reasonable and well intentioned.
Click here to read the earlier post.