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27 April 2011

Indian Trademark Office to reconstitute the 44,404 missing registered trademark files


Abiding by the Delhi High Court’s decision regarding the 44,000 missing registered Trademark files, reported by us here and here, the Trademark office has issued a public notice and has made available the list of the missing registered trademark files branch wise. According to the Trademark office 44,404 files related to the registered trademarks are missing. The trademark office has the basic information of all the application as of the name of the applicant, address for correspondence, agent on record and renewal details online.

In order to reconstitute these missing files, the Trademark office has requested all the registered proprietors of the trademarks whose files are missing to furnish the trademark office with self attested copies of form TM1, additional representations, examination report, acceptance order, registration certificate, all documents relating to assignment, transmission, change in name or address of the applicant, any court order relating to the trademark and any other relevant documents before 31st July 2011 to the concerned registry.

Once the documents are received, the registry will digitalize and make all the documents available.
Following will be the procedure followed by the Trademark Office in order to reconstitute the file:
1. Open a separate file folder for each missing file with printed copy of the
Journal cutting and the Electronic Register. The file shall be superscribed as "Reconstituted file".
2. On receipt of documents in pursuance of the Public Notice from the registered proprietor, the same shall be cross checked with the available records i.e. the Journal cutting and the Electronic register.
3. Upon verification, the documents shall be digitized and uploaded on the server and physical copy retained in the concerned file opened as per (1) above. Thereafter the file shall be placed in serial order in the Record Room.

We appreciate the quick response and the swift action taken by the Trademark office.

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