Special drive for disposal of opposition rectification Trade Marks matters in India

January 8, 2014

January 07, 2015

The Office of Controller General Patents Designs and Trademarks (CGPDTM) issued a notice on January 07, notifying the initiation of a Special Drive for disposal of opposition and rectification matters wherein parties have requested:

Withdrawal of their oppositions/ applications;

Withdrawal of their rectification applications

The CGPDTM has requested such Opponents/Applicants or their authorized agents to communicate information about their withdrawal request alongwith the details (like case number, date of request etc.) to the respective Trade Mark Office branches by January 30, 2015. The said communication is to be made at the following email-ids:

The notice provides that pursuant to the aforesaid communication, the concerned Tribunal Section of the TMR offices will segregate the opposition and rectification matters and designate them to the
Officers alongwith the schedule dates for their disposal.

As per the notice, the disposal of opposition/ rectification applications wherein withdrawal request has been made will be taken up from February 09 to February 20, 2015 according to the below schedule:

APPLICATION matters
DATE MATTERS APPLICATION NOS.
February 09 Opposition maters From application nos. 1 to 10,00,000
February 10 Opposition maters From application nos. 10,00,001 to 13,00,000
February 11 Opposition maters From application nos. 13,00,001 to 16,00,000
February 12 Opposition maters From application nos.16,00,001 to 19,00,000
February 13 Opposition maters From application nos. 19,00,000 and above
February 18 All rectification matters NA
February 19 Opposition/ rectification matters that couldn’t be taken up from February 9- 13 NA
February 20 Opposition/ rectification matters that couldn’t be taken up from February 9- 13 NA

Required documents at the time of hearing:

Authentic copies of-

  • Withdrawal letter;
  • Letter from other party consenting the withdrawal;
  • Latest PA/GPA (Power of Attorney);
  • Settlement Deed;
  • Request for amendment alongwith the fee receipt

Other relevant highlights of the notice:

  • The mattes will be taken by the Officer according to the chronology of application numbers;
  • After completion of the communications received by the TMR offices by January 30, other cases of similar kind will be taken up on first come, first served basis;
  • At the end of scheduled dates, a list will be prepared of the pending matters and appropriate action may be taken for their expeditious disposal later on;
  • Matters in which Opponent/Applicant or their attorney did not report from February 9 to 13, 2015 will be taken up on February 19 and 20, 2015;
  • The designated officers will take up and dispose the cases on the basis of letter of withdrawal of application/ opposition and on the comments of the opposite party with respect to it;

http://www.ipindia.nic.in/iponew/publicNotice_Withdrawal.pdf

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