PUBLIC NOTICES ISSUED BY THE CONTROLLER GENERAL OF PATENT, DESIGN AND TRADE MARKS (CGPDTM) FOR CLOSING THE TRADEMARK OPPOSITION WINDOW – Eshwars
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PUBLIC NOTICES ISSUED BY THE CONTROLLER GENERAL OF PATENT, DESIGN AND TRADE MARKS (CGPDTM) FOR CLOSING THE TRADEMARK OPPOSITION WINDOW

The CGPDTM has been issuing public notices[1]  as part of the Trademark Journals bearing numbers 1928 to 1939, published since 20th July 2020, intimating closure of the opposition window for the Trademarks published in the said Journals and thereby allowing the unopposed trademarks published under the said journals for registration. It is to be noted that the limitation period for filing of trademark oppositions advertised in the aforesaid journals end beyond March 15th 2020. In this regard, it is pertinent to note that the Hon’ble Supreme Court had taken suo moto cognizance of the pandemic situation prevailing in the country since March 2020 and had passed orders directing an extension of all statutory limitations in respect of all proceedings, under general law or special laws since 15th March 2020. The said order continues to be effective until further orders of the Hon’ble Supreme Court. Accordingly, it will be interesting to see if the legality of the aforesaid public notices issued by the CGPDTM, closing the opposition windows, will be challenged in the light of the above referred order of the Hon’ble Supreme Court granting time extensions on all statutory limitations, despite the fact that the limitation period for the trademarks published thereunder fall beyond the effective date of the Supreme Court order viz., 15th March 2020. It is also further pertinent to note that the CGPDTM was earlier directed by the Hon’ble High Court of Delhi in a writ petition filed by the INTELLECTUAL PROPERTY ATTORNEYS ASSOCIATION (IPAA) to withdraw one of its earlier public notice dated 18th May 2020, as the same was found to be violative of the aforesaid order of the Hon’ble Supreme Court and in pursuance of the same the CGPDTM had issued a public notice dated 19th June 2020 withdrawing the 18th May 2020 public notice.

Though the said initiative by the CGPDTM benefits the larger group of stakeholders for seeking registration without further delay, however, the same being violative of the order passed by the Apex Court in respect of extension of statutory limitations, the Proprietors may face the risk of their registrations being invalidated as and when the aforesaid public notices issued by the CGPDTM are successfully challenged before and struck down by a Court of law.

[1]  Public Notice dated 20/07/2020

Public Notice dated 27/07/2020

Public Notice dated 03/08/2020

Public Notice dated 10/08/2020

Public Notice dated 17/08/2020

Public Notice dated 24/08/2020

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