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Trademarks- Show cause hearings to commence through Video- Conferencing

August 27, 2020

The Controller General of Patents, Designs and Trade Marks (CGPDTM) has issued a Public Notice dated August 26, 2020[1], whereby the CGPDTM has notified that in the wake of COVID-19 situation in India and in view of provisions under Trademark Rules, 2017, show- cause hearings for trademark related matters will be conducted through video conferencing.

Points to remember for show cause hearing through video conferencing:

  1. Consent required- Show cause hearings through video conferencing will be scheduled for those matters where applicant or authorised agent give consent and confirm their participation for the hearing through Video Conferencing. Consent to be submitted by applicants/ agents by sending an email at tlahearing-tmr@gov.in
  2. Consent for show cause hearings through video conferencing to be submitted by the concerned applicant or their authorised agent on or before September 5, 2020. Others applications will be kept in abeyance to schedule hearing in person as and when physical hearings will commence.
  3. If applicant or its authorised agent as the case may be remain absent on the date of hearing the application will be decided as per law.
  4. Manner for submitting consent- For submitting consent for hearing through VC applicant or its athorised agent shall submit his request by writing in subject “consent for Show-cause Hearing through Video Conference”.

CGPDTM has further notified that the Office will try to schedule all pending applications of concerned applicant / agent on same day in sequential order as per available time.

The spurt in coronavirus cases in India has compelled Judicial and Quasi-judicial authorities to resort to methods of virtual hearings and virtual court rooms. CGPDTM’s decision to commence show cause hearings in trademark matters through video conferencing was a much awaited decision and it will also help in clearing the backlog of trademark related matters in India.

[1] http://ipindia.nic.in/writereaddata/Portal/News/707_1_Public_Notice_TLA.pdf

 

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