The Office of Comptroller General of Patents, Designs and
Trademarks, between the 28th and 31st March 2016 took ancillary
& intense steps against approximately 1.95 lakh applications
which were due for processing at various stages in various
departments of the office. The highlight of the motion was 31st
March 2016 when around 52,000 orders were issued in a single date
for abandonment of the application.
The reason given for the said step by the Registrar of Trademark
was to avoid congestion of applications to facilitate in smooth
functioning of the office, periodical disposal of pending
applications and files is practiced across several countries as
mentioned in the Madrid Protocol. Although the reasons provided by
the Registrar were in accordance with the spirit of Trademark Law
followed internationally but the execution was not in accordance
with the law and numerous applications were abandoned without
following proper procedure provided under the Trademarks Act,
The Intellectual Property Attorney Association approached the
Registrar of Trademarks in this regards and brought to his notice
the gross negligence of law. Taking into consideration the plea of
the Intellectual Property Attorney Association, the Registrar of
Trademark came up with an order wherein the time was provided to
all the applicants whose applications were abandoned erroneously to
file their reply till 30th April, 2016. The notice dated 04.04.2016
from the Office of The Comptroller General of Patents, Designs and
"This office has taken steps to treat the applications
as abandoned in which no reply to examination report containing
office objections to acceptance of the applications for
registration has been received within the period of 30 days as per
Trade Marks Act, 1999 and rules made there under. It is pertinent
to mention that in all such matters the examination reports were
already posted on the official website and were also sent to the
applicants or their authorized agents concerned
Not satisfied with the order of the Registrar of Trademarks, the
Intellectual Property Attorney Association approached the
Hon'ble High Court for an urgent hearing of the matter on
05.04.2016 where the uncanny act of the Trademark registry of
abandoning several applications at once without providing ample
time and notice was taken into keen discussion.
The Hon'ble High Court of Delhi on 05.04.2016 passed an
order on Writ Petitions WP (C) 3043/2016 & 3067/2016 and have
stayed the orders of abandonment passed by the Registrar on or
after 20/03/2016 till further notice. The order read:
"Keeping in view the startling figures of disposal
within a short period of time as well as the serious allegations in
the present writ petition, the orders of the abandonment passed by
the respondents on or after 20th March, 2016 are stayed. Also, till
further orders, the respondents shall not treat any Trade Mark
applications as abandoned without proper notice to an effected
party as provided under Sections 21, 128 and 132 of the Trade Marks
After the order passed by the High Court of Delhi, The Office of
Comptroller General of Patents, Designs and Trademarks, on
11.04.2016 has issued a public notice accepting the erroneous
method and course of actions which followed and has now requested
all the applicants and the authorized agents affected by the same
to submit relevant supporting documents by 30.04.2016 to further
formulate and carry out necessary steps in the process. The order
for abandonment of trademark applications after 20/03/2016 has now
been kept in abeyance as per the order of the Hon'ble Delhi
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