INDIA: CGPDTM WITHDRAWS PUBLIC NOTICES, UNDERTAKES TO RESTORE 100,000+ ABANDONED TM APPS IN 10 DAYS

In recent writ proceedings before the Hon'ble Delhi High Court titled Intellectual Property Attorneys Association (“IPAA”) & Another versus The Controller General Of Patents, Designs & Trade Marks (“CGPDTM”) & Another, the CGPDTM after much deliberation has undertaken to withdraw its Public Notices dated February 06, 2023 and March 27, 2023 declaring more than Hundred Thousand Trade Mark Applications as abandoned.

The CGPDTM has undertaken before the Hon’ble Court to revert all the applications in respect of whom the notices have been issued to their original status, within a period of ten days. The Hon’ble Court has however clarified that this shall not preclude the Controller from proceeding in accordance with law. Thus, all the matters, which were listed in the two public notices issued by the CGPDTM will now be taken up for consideration individually (after their original status is restored) and necessary orders will be passed by the CGPDTM in due course.

Please be assured that we are closely monitoring the online records at the IPO’s website and shall intimate as soon as the original status of the applications impacted by the impugned notices is restored.

Meanwhile, should you have any questions or wish to discuss the court’s order as well as public notices withdrawn by the CGPDTM, please feel free to contact Ms. Swati Bhanot at swati.bhanot@iprattorneys.com.