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CGPDTM’s Notice on Non- Filing of Opposition against certain Trademarks

August 1, 2020

 

The Controller General of Patents, Designs and Trade Marks (CGPDTM), vide its public notices dated July 20, 2020[1], July 27, 2020[2] and August 03, 2020[3] has brought to the kind attention of anyone concerned that the Trade Marks Registry (hereinafter as ‘the TM Registry’) has not received any communication regarding third-party opposition for certain trademarks published in the Trade Marks Journal Nos. 1928 to 1933 the details of which are as under :-

Trade Marks Journal No. Date of Publication Trademarks Published Trademarks Opposed
1928 November 18, 2019 4734 716
1929 November 25, 2019 5012 752
1930 December 02, 2019 5129 778
1931 December 09, 2019 6209 943
1932 December 16, 2019 7595 1198
1933 December 23, 2019 7456 1186

Timeline for Filing Trademark Opposition in India

As per the provisions of the Trade Marks Act, 1999 and Trade Marks Rules, 2017, once a trademark application is published in the Trade Marks Journal, the same is open for third-party opposition within the non-extendable statutory deadline period of 4 months[4]. However, the world witnessed the outbreak of novel coronavirus and the Supreme Court, in lieu of its powers under Article 141[5] read with Article 142[6], passed an order extending the limitation period with effect from March 15, 2020 till further order/s[7]. The practical aspect of the order allowed the period from March 15, 2020 to be excluded from the calculation of time prescribed for filing any action in a Court or Tribunal.

Presently, as per the said notices, the TM Registry has not received any communication relating to any opposition/objection in regards to below mentioned trademarks and henceforth, keeping in mandate with the extended period of limitation, has directed that communication, if any, as sent in respect of these published trademarks, the same shall be brought to the attention of the TM Registry immediately.

  • 8288 trademarks till July 15, 2020 in TM Journal No. 1928 and 1929 (Details of the trademarks can be found here)
  • 9634 trademarks till 26 July, 2020 in TM Journal No. 1930 and 1931 (Details of the trademarks can be found here)
  • 12696 trademarks till 31 July, 2020 in TM Journal No. 1932 and 1933 (Details of the trademarks can be found here)

[1] Public Notice dated July 20, 2020;  http://www.ipindia.nic.in/writereaddata/Portal/IPOJournal/1_4888_1/CORRIGENDA-NOTICE_RELATED_TO_OPPOSITION-NOTICE.pdf; accessed on July 23, 2020

[2] Public Notice dated July 27, 2020; http://www.ipindia.nic.in/writereaddata/Portal/IPOJournal/1_4890_1/NOTICE_RELATED_TO_OPPOSITION_-_NOTICE.pdf

[3] Public Notice dated August 03, 2020; http://www.ipindia.nic.in/writereaddata/Portal/IPOJournal/1_4892_1/IR_DIV-NOTICE_RELATED_TO_OPPOSITION-NOTICE.pdf

[4] Section 21 of the Trade Marks Act, 1999 read with Rule 42 of the Trade Marks rules, 2017; http://www.ipindia.nic.in/writereaddata/Portal/IPORule/1_69_1_Trade_Marks_Rules_2017.pdf; accessed on July 23, 2020

[5] Article 141 Law declared by Supreme Court to be binding on all courts; the Constitution of India (Bare Act); http://legislative.gov.in/sites/default/files/coi-4March2016.pdf

[6] Article 142 Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc; the Constitution of India (Bare Act); http://legislative.gov.in/sites/default/files/coi-4March2016.pdf

[7] IN RE : Cognizance For Extension Of Limitation Suo Motu Writ Petition (CIVIL) No(s).3/2020; https://main.sci.gov.in/supremecourt/2020/10787/10787_2020_1_12_21570_Order_23-Mar-2020.pdf; accessed on July 31, 2020

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