The Trade Marks Registry (TMR) in an attempt to expedite the processing of applications and oppositions, have issued a public notice dated February 6, 2023. The said notice is in reference to applications that have been examined on dates as mentioned against individual applications number, and for applications against which oppositions have been filed and notice of oppositions have also been duly served on applicants. If no reply to the examination reports and no counter statements from the applicant have been filed in the TMR within the prescribed time as specified under the Trade Marks Act, 1999 and Rules made there under, such applications shall be ‘deemed to have abandoned’ as per the provision of Section 21(2) Section 132 of the Trade Marks Act and Rule 33(4) of the Trade Marks Rules, 2017.
However, before treating such applications as ‘deemed to have abandoned’, and in compliance of the Trade Marks Act and Rules and to further ensure a proper notice to the affected party, a list of such applications is published herewith for public view, under Journal No. 2090 dated February 6, 2023.
The TMR has further mentioned if any applicant/applicant’s agent has duly filed the response to examination report and counter statement in reference to the given applications within the prescribed time and have acknowledgement of their submission in the form of CBR(Cash Book Receipt) 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 publication by an email on mumopp.tmr@nic.in
The notice further directs that the email should mention the subject line as Reply/Grievance in response to Public Notice dated February 6, 2023, specifying the relevant application number and/ or opposition number; CBR receipts or other supporting documents proving filing of response/ counter statement from the applicant’s end, needs to be attached. The TMR shall consider the same and act accordingly.
