Public Notice Released by CGPDTM Regarding Submission of Reply to Examination Report

September 24, 2013

In its recent notification, The Intellectual Property Office (IPO) has notified that appropriate reply to the objections raised in the Examination Reports (with respect to Trademarks) are not being submitted by the applicants, advocates/ registered trademark agents and stakeholders. The Notice further states that it has been observed that in several cases the reply to office action is either stereotype without any relevant submission or the reply has been submitted with a direct plea for hearing on account of which the Examiner is unable to dispose of the case on merit thus leading to inexplicable delay in dealing with the matter at hand.

In view of the prevailing circumstances, the CGPDTM has advised the trademark holders, advocates/registered trademark agents and stakeholders to submit a proper reply to the examination report under the heading “REPLY TO EXAMINATION REPORT” which would enable the Examiner to dispose of the case on merit under the PARM Module.

The Notice also underlines few guidelines with respect to the filing of evidence. It states that the evidence adduced in support of the trademark shall be specifically clear regarding trademark filed, the details of goods or services rendered, the date of supply of goods or rendering of services, annual sales, etc. which shall be aptly supported with basic evidence. The adducing of proper evidence would enable the Registrar inefficaciously disposing of several pending trademark matters.

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