Wednesday 6 April 2016

Indian Trademark Registry cancels almost 2 lakh trademark applications without issuing notices to the applicants

The 1,93,908 orders cancelling the same number of trademarks by the Comptroller General of Patents, Design and Trademarks between 28 and 31 March, were stayed by the Delhi High Court on Tuesday 5 April, reported Livemint.
The Intellectual Property Attorneys Association through their president CM Lall and  Tata Steel Ltd approached the court for an urgent hearing alleging that the trademark registry cancelled an unusually high number of trademark applications without issuing notices to the applicants or lawyers.
Under the Trademark Rules, the registry is required to issue notices and seek applicant response before rejecting applications which was allegedly not done in the present case. The rules also provide one month for the applicant to reply to the notice.
Justice Manmohan stayed the order of the Trademark registry and the next date of hearing is 12 May.

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