By Ananyaa Banerjee and Sandhya Parimala
The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), Mumbai has issued a Public Notice dated February 06, 2023, which was published in the Trade Marks Journal No. 2090[1].
The said Notice states that applications in which trademark opposition have been filed and notice of oppositions have also been served by the Trade Marks Registry (TMR) to the Applicant and, no counter statement is received within the prescribed time in respect of the trademark opposition filed and in support of the application as prescribed by the Act and Rules, the same shall be ‘deemed to have abandoned’ as per the provision of Section 21(2) of the Trade Marks Act. However, before treating the said application as ‘deemed to have abandoned’, and in compliance with the Trade Marks Act and Rules and to further ensure proper notice to the affected party, TMR has published a list of such applications for public view.
Further, TMR has given an opportunity to the Applicant/ Applicant’s agent who has duly filed the counter statement in the application numbers provided in the notice, to put on record if they have duly filed the counter statement within the prescribed time alongwith documentary proof within 30 days, by an email to the TMR on mumopp.tmr@nic.in 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 “Reply/ Grievance in response to Public Notice dated February 06, 2023, for Application No.____/ Opposition No.____” along with the supporting documents including the acknowledgment of the submission in the form of CBR (Cash Book Receipt). The rest of the applications wherein no reply/ grievance is received will be treated as ‘deemed to have abandoned’ as per law and their status shall be updated accordingly on the Registry’s website.
[1] Public Notice for TM Journal Number 2090