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steph   30 July 2019

Application status "ready for show cause hearing" almost 2 yrs

Dear forum members, I applied for a trademark over two years ago, it was objected and its status is showing as "Ready for Show cause Hearing" and its almost 2 years but I received no hearing date, is it normal for Hearing to get no date even after such a long time? and is there anything I can do to resolve this issue?

Regards



 9 Replies

G.L.N. Prasad (Retired employee.)     31 July 2019

Why don't you write directly deal with them and seek present status and the time frame fixed as per their norms for registering the trade mark.  If you have paid any fees, issue notice under CP Act and demand early registration of the trade mark.   If you fail to receive response file a consumer complaint against them in forum.

steph   31 July 2019

Originally posted by : G.L.N. Prasad
Why don't you write directly deal with them and seek present status and the time frame fixed as per their norms for registering the trade mark.  If you have paid any fees, issue notice under CP Act and demand early registration of the trade mark.   If you fail to receive response file a consumer complaint against them in forum.

Thanks a lot for your help, I will ask the lawyer who filed the application to do it. 

P. Venu (Advocate)     01 August 2019

You may ascertain the present status through RTI Act and take up the matter with the higher authorities. In my understanding, Consumer Protection Forum has no jurisdiction over any public authority.

G.L.N. Prasad (Retired employee.)     01 August 2019

P.Venu Sir, Kindly go through SC Judgment on Lucknow Development Authority. A landmark judgment making Government/Public authorities accountable for deficiency of service and misfeasance of public authority.

P. Venu (Advocate)     01 August 2019

Thanks for the suggestion. However, there is a distinction between a construction activity and ganting of a patent. The latter is a sovereign function and the citizen who applies for registration of a patent is not a consumer.

Kindly enlighten me if there could be a different point of view.

G.L.N. Prasad (Retired employee.)     01 August 2019

When even receiving such copying fee and not providing such certified copy to a client is treated as a consumer activity, let the member file such complaint, as it is free of cost and involves only stationery charges.

Advocate Abhishek Sinha (Advocate)     02 August 2019

Now everything is online. Every information is there on website and people have changed and respond professionally. Just connect with them to know the status. Besides now you can also conduct the hearing on webcam sitting at your own place/office   all options explained on the website. Please connect with the Public dealling department.

Thanks & Regards

Advocate Abhishek Sinha

Mumbai

7045949997

MPS RAMANI (Scientist/Engineer)     05 August 2019

It is not a question whether it is a public authority or private body. The applicant should come under the definition of a consumer and the opposite party under any of the definitions such as manufacturer, trader, service provider etc. It does not appear to me that an applicant for a trade mark could be considered as a consumer nor the authority which awards the trade mark come under any of the definitions of the opposite party.

Iloveu Claudia   29 March 2021

Hello sir, same kind of issue with me, can you please explain or help how to file RTI for this and what to do after filing the RTI 


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