Many trademark applications we’re abandoned in the month of March 2016. The High Court of New Delhi had however brought a stay on the abandonment of these applications. There was still ambiguity as to what the future of these abandoned applications will be.
Generally, when the objections on a trademark application are raised, a notice is sent to the applicant’s address stating the reason for the objection, with a deadline of 30 days to file a reply. These notices are sent via India post which fails to deliver them on time or at all. Same had happened, and the ministry had decided to change the statuses of applications to abandoned which failed to obtain a reply to the examination report. Once an application is abandoned, there is no provision to get it back into the process of registration. Thus making the application obsolete and causing monetary loss to the applicants. Hence, the high court had intervened and brought a stay on these abandonment notices.
Amidst lots of speculation and worry, on 11th july, 2016 the ministry has issued a notice informing all the abandoned applications to reply to the objections before 31st of July, 2016. This is we suppose a final chance for these applicants to reply to their applications, or forget about their applications being processed by the ministry.
We urge you to contact us immediately in case you wish to file a legal reply for your objected application.
Please visit our trademark service page and fill the form to get in touch with us.