Rights ignored in optimising trademark processes

By Ruchi Sarin and Keya Joshi, LexOrbis
0
1481
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

In the past few years the Trademarks Registry (registry) has undertaken initiatives to streamline the trademark process. It has taken praiseworthy steps to speed up examinations and registrations. However, intellectual property rights (IPR) holders have recently faced other worrying issues. These have been dealt by the Delhi High Court in three recent cases.

trademark
Ruchi Sarin
Associate
LexOrbis

In the case of Intellectual Property Attorneys Association v The Controller General of Patents, Designs & Trade Marks & Anr, the court made an order in favour of the petitioner who was aggrieved by orders made by the Registrar of Trade Marks. The registrar had refused applications for registration of trademark but had not followed section 18(5) of the Trade Marks Act, 1999, which required him to record in writing the grounds for refusing or conditionally allowing applications and the materials used by him in arriving at his decision. In allowing the petition the court directed the registrar strictly to implement the section and to send the orders to the applicant within two weeks.

The court held that the petitioner correctly argued that rule 36 of the Trade Marks Rules, 2017, is inconsistent with the scheme of the act and contravenes the provisions of section 18(5), which are mandatory. That rule allows the registrar to send only a copy of the order to the applicant without the grounds for refusal or conditional acceptance. If the applicant intends to appeal from such decision, he may apply within 30 days to the registrar whereupon the registrar shall furnish the grounds of refusal or conditional acceptance.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Ruchi Sarin and Keya Joshi are associates at LexOrbis.

LexOrbis logo

LexOrbis
709/710 Tolstoy House
15-17 Tolstoy Marg
New Delhi – 110 001
India

Mumbai | Bengaluru
Contact details
Tel: +91 11 2371 6565
Fax: +91 11 2371 6556
Email: mail@lexorbis.com
Website: www.lexorbis.com

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link