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Results: 4 Answers
Trademarks
4.
Appeals
4.1
If the trademark office refuses registration, can the applicant appeal? If so, to what body and by what procedure?
 
India
The Intellectual Property Appellate Board (IPAB) hears appeals against orders and decisions of the registrar of trademarks.

For more information about this answer please contact: Essensee Obhan from Obhan & Associates
4.2
What is the procedure for appealing a trademark office refusal?
 
India
Under Section 91 of the Trade Marks Act, 1999, any person aggrieved by an order or decision of the registrar of trademarks may file an appeal with IPAB within three (3) months of receipt of the decision.

The procedure to file an appeal is described in the IPAB (Procedure) Rules, 2003. The format must be followed clearly, stating the grounds for filing, and the appeal must be verified in the prescribed manner. It must be accompanied by a copy of the order appealed against and the requisite fees.

An extension is also available for filing an appeal by way of a condonation of delay petition, along with the prescribed official fees. However, a condonation of appeal petition must contain genuine reasons for delay - for instance, delay on account of the appellant being based out of India or on account of retrieving relevant documentation to be annexed to the appeal.

Once an application has been filed, the deputy registrar of IPAB will scrutinise the application and serve a copy on the respondent. After receipt of the application, the respondent may file a counterstatement in duplicate.

The matter is heard by IPAB on the date assigned. If one of the parties does not appear, the case may be decided on the merits, decided ex parte or dismissed. If a decision is made ex parte or the application is dismissed, IPAB may restore or set aside the decision based on a petition filed within thirty (30) days of the date of the order (or on such terms that IPAB sees fit).

For more information about this answer please contact: Essensee Obhan from Obhan & Associates
4.3
Can the reviewing body’s decision be appealed? If so, to what body and by what procedure?
 
India
The order passed by IPAB can be appealed in the following manner:

  • A review petition of the IPAB order may be filed via a petition to the IPAB Registry (within two (2) months of the date of the IPAB order); or
  • A writ petition may be filed before the High Court with appropriate jurisdiction.
For more information about this answer please contact: Essensee Obhan from Obhan & Associates