In furtherance to the Public Notice dated February 06, 2023 notified in the Trade Marks Journal No. 20901 , the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), Mumbai in Trade Marks Journal No. 2097 dated March 27, 20232 , has now published a list of applications in respect of which the Applicants/ Agent have not submitted the Non-cash receipt (NCR) or any other document sufficing that a reply to Examination Report has been filed till March 20, 2023.
The notice clarifies that the Registry had given an opportunity to Applicants/ Agents to submit supporting documents regarding submission of reply to the Examination Report and it had received some submissions which are being reviewed by the Registry for verification. In the instant Public Notice dated March 27, 2023, the Registry has published the remaining applications as Annexure-1 which excludes the submissions received by Registry till March 20, 2023, through email notices. The Applications which are published as Annexure-1 along with the said notice are treated as 'abandoned' under Section 132 of the Trade Marks Act, 1999 and Rule 33(4) of the Trade Marks Rules, 2017.
Further, the Registry has given another opportunity to Applicants/ Agents of published applications, who have replied to the examination reports within the prescribed time, to submit and notify the NCR (Non-Cash Receipt) or any other documents sufficing submission of reply to the examination report, to Grievance Cell of the Registrar of Trade Marks, Mumbai within a period of 45 days from date of the notice, i.e., till May 11, 2023.
The notice further states that the grievances are required to be filed through the Head of Office of the respective Trade Marks Registry in physical form for scrutiny by Grievance Cell of Mumbai. In case of any further clarifications, the cell will approach the Applicants/ Agents of such applications while reviewing their abandoned applications.
Footnotes
1https://ssrana.in/articles/abandonment-of-marks-under-ipindia/
2https://search.ipindia.gov.in/IPOJournal/Journal/ViewJournal
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