56,429 registered trade marks have been removed from the Register of Indian trade marks
Over the last six months about 56,429 registered trade marks have been removed from the Register of Indian trade marks due to non payment of renewal fees within time.
By: Raja Selvam, Trade Mark Attorney
As you would be aware the Indian Trademark Office has been going through a revolutionary change over the last few years. With computerization of all the five branches of the trade mark offices, the long pending trade mark matters have been disposed off quickly and effectively resulting in registrations been granted in less than a year. The trade mark office is also considering making available the trade marks database open to the public to conduct a search on the register of trade marks without any official fee. The availability of the online filing facility has resulted in faster turn around time on reporting to our clients and associates.
Over the last six months about 56,429 registered trade marks have been removed from the Register of Indian trade marks due to non payment of renewal fees within time. However there have been complaints that the renewal notice as prescribed under law was not issued to the Proprietor or the agent on record of the trade mark being removed. In some cases, even the original registration certificate was never received by the proprietor or the agent on record. Some of the trade mark matters pending over a very long period have also been removed due to lack of prosecution ignoring the fact that orders were issued earlier for the application to proceed to registration.
In case your trade mark has been removed from the Register of Indian trade marks, the Controller of Trademarks has given an opportunity to all such proprietors to file a petition with an official fee of approximately USD 60.00 along with a complete case history and with substantial reasons to support the case on or before the November 30, 2010. This is the only chance to set right your trade marks portfolio in India.
Please do let us know if you have any questions. Our colleague in India, Raja Selvam, Trade Mark Attorney, will be pleased to assist you.