The Indian Trade Marks Office (TMO), in the new fiscal year
announced the abandonment of over 1,60,000 pending trade mark
Applications. The Applications were said to be abandoned on account
of non-filing of response to the Examination Reports that were
served on the Applicants/ Agents on a later date or not served at
As per the procedure, the Applicant is required to submit a
response to the Examination Report issued by the TMO within one
month from the date of receipt of such Report which is sent via
post by the TMO. However, the deadline is calculated from the date
of the receipt of the Examination Report by the Applicant and not
from the date of dispatch/availability of the same on the TMO's
The unprecedented move of the TMO led the IP fraternity to
challenge the same in the Delhi High Court and the Court vide its
order dated April 05, 2016 has stayed all the abandonment orders
issued by the TMO after March 20, 2016.
Further, as a result of a plethora of complaints, the TMO has
issued a Public Notice dated April 04, 2016 (which can be accessed
here) calling upon the Applicants/ Agents who feel that their
application(s) have been wrongfully abandoned to submit sufficient
documentary evidence substantiating their case before April 30,
Therefore, with the aim of safeguarding the rights of our
clients, we have already compiled a list of such Applications and
are collating documentary evidence to substantiate our stand before
the TMO. Further, by way abundant caution, we will be filing the
Responses to the Examination Reports in such cases along with the
detailed requests to have the said trade mark applications revived.
We are sanguine that the Right Holders will not be affected and the
applications that have been erroneously abandoned will be
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