Withdrawal of Abandonment Notices of Trademark Registry
Earlier Trademark Registry had issued 2 Public Notices where Registry kind of forcibly abandons substantial number of trademark applications/ opposition. These two notices are dated 6th February 2023 (notified in Trade Marks Journal No: 2090) and two Public Notices dated 27th March 2023 (notified in Trade Marks Journal No: 2097).
Being aggrieved by these action of Trademark Registry, Intellectual Property Attorneys Association (IPAA) & Anr., filed a writ petition against The Controller General of Patents, Designs & Trade Marks & Anr., being W.P.(C)-IPD 21/2023 before Delhi High Court.
Hon’ble High Court was please to pass an Order dated 13th April, 2023 Attention of stakeholders is drawn to the order dated 13/04/2023 passed by Hon’ble High Court of Delhi in the matter of Intellectual Property Attorneys Association (IPAA) & Anr. v. The Controller General of Patents, Designs & Trade Marks & Anr.
As per directions issued by Delhi High Court, The Controller General of Patents, Designs & Trade Marks & Anr filed an undertaking in effect to restore the status of the marks to its original status before the two notices within a period of 10 days.
Presently the NIC is in process of reverting the status of all the abandoned applications to their original status within the time frame stipulated by the Hon’ble High Court.
Link for the Public Notice of Restoration
Link to Delhi High Court Order
Source: Swarupa Ghosh (Advocate)