A public notice issued by The Ministry of Commerce & Industries dated 6th February 2023, through this notice the department is likely to treat all trademark applications as “Abandoned” where a reply of objection/examination report ware still awaited.
The department has excised the power of section 132 of The Trademark Act, 1999 and Rule 33(4) of The Trademarks Rule, 2017.
Section 132 of The Trademarks Act, 1999 read as:
“Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed under this Act or any Act relating to trademarks in force prior to the commencement of this Act, the Registrar may, by notice require the applicant to remedy the default within a time specified and after giving him, if so, desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice.”
Rule 33(4) of The Trademarks Rule, 2017 read as:
“If, within one month from the date of receipt of the examination report, the applicant fails to respond to the communication, the Registrar may treat the application as abandoned.”
However, before treating such applications as ‘abandoned’, If any applicant/applicant’s agent has duly replied to the examination report issued in reference to the given applications within the prescribed time and has the acknowledgment of their submission or any other document, the same is to be brought to the notice of Registrar of Trade Marks within a period of 30 days from date of this notice along with NCR and/or any other document in support of reply filed so that such applications from the given list, after due verification, be processed as per the Act and Rules, and rest of the applications, wherein no reply/grievance is received, will be treated as ‘abandoned’ as per law and their status shall be updated accordingly.
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