Shweta Deshpande (Nil) 01 April 2016

Trademark status as abandoned

Hello All,

I need urgent advise and support from you all. Many of my applications are filed with the Trademark registry's various offices in India. Few of the examination reports have been received through post three days back( Proof can be provided ) and when we tried to submit the reply the status for these applications have been displayed as abandoned on 30/03/2016. When I cross verified for few more most of the examination reports are not been received and the status for all of them is showing as Abandoned. As per the rules we should be given one months’ time period from the date of receipt for replying to the objections.

Kindly let us know how to reinstate these applications.

Thanking you in anticipation.

Regards

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2 Replies

Parveen Arya 06 April 2016

wish to share with you that the Indian Trademark Office has abandoned 1,66,771 Trademark Applications in which they never got a response to the Examination Report/Office Objection. It appears that they did the same for opposition matters as well where either side hadn’t responded in a while. In the meantime, I guess, all trademark applicants/associate/attorneys need to conduct an audit of their trademark files, registered, pending or opposed, just to verify that they are all alive or not. If you need any assistance from us, plz do let us know. The details of those applications.

In addition to the outrage that’s been pouring in, law firms around the country have filed writ petition against the said orders. Finally, the said Writ matter came up before the Hon’ble High Court today. Arguments were addressed and after hearing submissions, the Hon’ble High Court was pleased to stay all abandonment orders passed from March 20, 2016 and has also directed that no further abandonments shall be undertaken without following the due process provided under Sections 21, 128 and 132 of the Indian Trade Marks Act 1999. All such notices are to be served upon the effected party by Post. The matter will be listed on May 12, 2016.

I will further update you about the proceedings from time to time. Regards, Parveen Arya (Mrs.) Trademark Attorney Email : parveen@p2lexperitus.com

Archit Agarwal 07 September 2017

The Trademark application provides an Application ID to check the status of your Trademark. There are many applicants which don't even receive any physical notice for the Objection or the Rejection of their application. We need to check it on the IPinida website.

Further more you can raise a ticket on IPindia regarding this issue. So that will be more specific.

As your reason is legitimate then they will consider the ticket and re open your Application.

There is also a way, File a fresh application of Trademark and this time be active with the application ID's