En-masse orders of abandonment of TM applications stayed by Delhi HC
Subsequent to the public notice dated 04/04/2016 issued by the Trade Marks Registry regarding en masse abandonment of TM applications for non-filing of response to examination reports, wherein applicants and/or agents were asked to send their representations to the registry via email before 30/04/2016 for further action, now the Registry has issued another notification wherein it stated that all order of abandonment issued after 20/03/2016 are being kept at abeyance and have asked the applicants/agents to file their responses.
The notification stated that, “Now that Writ Petitions WP (C) 3043/2016 & 3067/2016 were filed before the Hon’ble High Court Delhi and the Hon’ble Court vide their order dated 05/04/2016, has stayed the orders of abandonment passed by the Registrar on or after 20/03/2016. In view of the above, it is notified to the public that abandonment orders passed by the Registrar of Trade Marks after 20/03/2016 are being kept in abeyance and the applicants or their authorised agents concerned can file the reply to examination reports containing office objections either through comprehensive E-filing services of trademarks available at the official website or through email at email@example.com and firstname.lastname@example.org.”
It is to be noted that these writ petitions included one filed by Chander M. Lall and another by Anand & Anand.
On the other hand, the prior notice dated 04/04/2016 still holds good and applicants and agents may very well file their representations as per the 04/04/2016 notice and continue to file their response vide 06/04/2016 notification.