By Bhanu Dhingra and Prabhjot Kaur
The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), Mumbai in Trade Marks Journal No. 2090 has issued a Public Notice dated February 06, 2023, stating that trademark applications in respect of which no reply to the examination report has been received by the Registry within the prescribed time shall be treated as ‘Abandoned’ under Section 132 of the Trade Marks Act, 1999 and Rule 33(4) of the Trade Marks Rules, 2017.
The said Notice also clarifies that before treating the said application as ‘abandoned’ and in compliance of the Trade Marks Act and Rules, the Registry to ensure issuance of a proper notice to affected party has also published a list of such applications wherein no replies to Examination Report have been filed for public view.
Further, the Registry has given an opportunity to the Applicant/ Applicant’s agent of such applications who has duly replied to the Examination Report within prescribed time, to submit the Non-cash receipt (NCR) or any other document within 30 days from the date of publication, by an email to the Registry on email@example.com so that after due verification the application is processed as per the Act and Rules.
The email is to be sent with the subject line as “Reply/Grievance in response to Public Notice dated…..for Application No…….” along with Non-cash receipt (NCR) and/or any other document in support of reply filed. In the applications wherein no reply/ grievance is received, will be treated as ‘Abandoned’ as per law and their status shall be updated accordingly on the Registry’s website.
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