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An Overnight hoarding of abandoned applications in Indian IP Registry
The Indian Trademarks Registry has been in the attention of public eye lately after it has arbitrarily abandoned more than 2,00,000 applications and over 20,000 oppositions matters in an attempt to clear the presumed backlog.
The Government confirmed through its public notice issued on 4th April, 2016 which stated that the objective of such an action was to remove all the applications where the applicant has not replied to the examination report and was shown as pending. However, in many cases this act was undertaken in error and the proceedings have come to an end despite there were ongoing prosecution.
This impromptu action by the Government led to a huge outcry and the Trademarks Registry provided an opportunity for interested parties to file reply of the examination report of the abandoned applications to reinstate the proceedings. Amidst this mayhem, the Intellectual Property Attorney's Association (IPAA) has filed Writ Petitions on 6th April, 2016 in the High Court of Delhi and the Court has subsequently granted stay on all the abandonment order that have been passed and further has directed the Trademarks Registry not to take any further abandonment of any trademark application without following the due process as per the provisions of law (click here to see the order). At present the matter is listed for hearing on 12th May, 2016.
Accordingly, the Trademarks Registry issued a public notice dated 11th April, 2016 which kept the abandonment orders passed on or after 20/03/2016, at abeyance and the reply to the examination reports were asked to be filed in accordance with law.
The mass abandonment of the trademark applications on ad-hoc basis has created a huge uproar amongst the legal fraternity as well as the brand owners. The Attorneys are at a loss of providing explanation to their clients to this inexplicable move of the Indian Trademarks Registry.
The Attorneys at H K Acharya & Company, Ahmedabad have been carefully scrutinizing the situation and ensure to maintain their impeccable record of zero abandonment of application of their clients. H K Acharya & Company would gladly provide free assistance to those brand owners and clients to check the status of their applications in this crusade of abandonment and determine the best strategy to revive the lost battle of trademarks.
Contributed By : Ferzin Daboo (Advocate)
Designed By : Vikash Singh