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11 April 2011

Trademark status rules set by Indian Trademark office.


The Indian Trademark office has issued a circular on 7th March, 2010 regarding status of the pending and registered trademarks in the trademark database of the Indian Trademark office. It looks the Indian Trademark office has finally realized that the status of the pending and registered trademarks appear wrongly online. This rather would be due to the wrong entries to the database over a period of time.

By the virtue of this new circular, the access to the entry system shall be provided only to specific officers who are listed in the circular which shall ensure accuracy in the entry system.
The most important change brought by this circular is that the status of an application can be changed only by providing sufficient reasons which would be done by uploading the necessary documents to the system.

Following is the list of the documents necessary to bring about the respective status change.

Sl. no

Status

Documents to be uploaded

1

Registered

Copy of the Registration Certificate, legal Certificate. Last Renewal Certificate

2

ABA/ Advertised or re-advertised as the case may be

Copy of the Journal Publication, Speaking order allowing application to proceed to registration

3

Objected

Copy of examination report

4

Opposed

Copy of the fee receipts and

copy of the opposition notice or Copy of order condoning

the postal delay

5

removed

Copy of order of removal by the Registrar/IPAB/Court of law and notified in the TM Journal.

6

withdrawn

Copy of order and request letter of Proprietor/Agent/ Attorney

7

Refused

Copy of the order refusing the application

8

Abandoned

Copy of order under Section 21(2) or order under Rule 38(5) or any other order of abandonment.


This move by the IPO is another excellent effort in its infrastructure facelift process.


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