Further Extension for Deadline to be Decided by the Delhi High Court
Intellepedia Publication Date: 24th June 2020
In the last public notice issued by the Controller General of Patents, Designs and Trade Marks (CGPDTM) dated 18-05-2020, it had stated that the deadlines issued by it from 25-03-2020 to 17-05-2020 with respect to the due dates for the completion of various acts/proceedings has been scraped and the new deadlines shall be applicable from 15-03-2020 to 01-06-2020.
However, on 19-06-2020, CGPDTM has issued a fresh notice which states that the Hon’ble High Court of Delhi (Delhi HC) on 17-06-2020, in the matter of W.P.(C) 3059/2020 (read the order here and here) has stayed the effect and operation of public notice dated 18-05-2020. The Delhi HC in its order states that ‘the interim order issued by it saying that no Court, Tribunal or any authority can act contrary to the order of the Supreme Court, which has granted an extension of period of limitation in all legal proceedings from 15-03-2020 uptill further orders’ shall continue to operate and consequential steps need to be taken by CGPDTM by issuing appropriate notification on its website.
Therefore, the public notice issue on 18.05.2020 by the CGPDTM is withdrawn and timelines/periods for the completion of various acts/proceedings, filing of any reply/document, payment of fees, etc. falling due after 15.03.2020, shall be the date as decided/ordered by the Hon’ble Court and not 01-06-2020, as had been mentioned in the previous notice.
You may click here to access the public notice.
Show Cause Hearings Adjourned
Intellepedia Publication Date: 28th May 2020
In a new notice issued by the Controller General of Patents, Designs and Trade Marks (CGPDTM) on 22nd May, all the trademark showcause hearings scheduled till 31st May have been adjourned. New dates for the hearing shall be issued in due course.
You may click here to access the public notice.
IP Office Extends All Deadlines to 1st June 2020
Intellepedia Publication Date: 20th May 2020
The Controller General of Patents, Designs and Trade Marks (CGPDTM) has time and again issued a number of notices keeping in mind the nationwide lockdown and extended all the deadlines related to IP applications, falling due between the lockdown period, i.e. 25-03-2020 to 17-05-2020. However, the Hon’ble High Court of Delhi suspended the operation of the last public notice issued by the office of CGPDTM dated 04-05-2020 in the case of Intellectual Property Attorneys Association and Anr v. Controller General of Patents, Designs and Trade Marks and Anr, W.P. (C) No 3059/2020, where it stated that no Court, Tribunal or any authority can act contrary to the order of the Supreme Court dated 23rd March 2020.
The Supreme Court on 23rd March 2020, by a Suo Motu Writ Petition (Civil) No(s). 3/2020, stated that while exercising its jurisdiction under Articles 141 and 142 of the Constitution of India, it is granting an extension of period of limitation in all legal proceedings, irrespective of the limitation prescribed under the general law or special laws whether condonable or not, with effect from 15 March 2020 until further orders. click here to view the order
Therefore, keeping in line with the order of the Supreme Court, the last notice issued by the CGPDTM which extended the deadlines from 25-03-2020 to 17-05-2020 has been scraped, and the new deadlines shall be applicable from 15-03-2020 to 01-06-2020.
You may click here to access the public notice.
IP Office Grants Further Extension for Deadlines
Intellepedia Publication Date: 06th May 2020
In view of the further extension of the nation-wide lockdown by the Ministry of Home Affairs, Government of India, a new public notice has been issued by the Office of the Controller General of Patents, Designs & Trade Marks. The notice states that even though the IP Offices are functional with reduced strength, all the Offices are located in the Red Zone where the movement of the public is restricted. Therefore, all the relaxations which had been made in the previous notice have been extended till 18th May 2020.
You may click here to access the public notice.
IP Office Closed till 3rd May
Intellepedia Publication Date: 23rd April 2020
In view of the recent extension of the nation-wide lockdown by the Ministry of Home Affairs, Government of India, a new public notice has been issued by the Office of CGPDTM. The notice states that all the fffices under administrative control of CGPDTM shall not be physically accessible to the public (in person) for a further period, upto 03rd May 2020, with effect from 15th April 2020. Therefore, all the relaxations which had been made in the previous notice have been extended till 3rd May 2020. All the trademark related hearings scheduled upto 3rd May have also been adjourned and fresh notices shall be issued in due time. The online filing services shall remain unaffected and will continue as always.
You may click here to access the public notice.
Extension Granted by the IP Office
Intellepedia Publication Date: 26th March 2020
In the wake of the wide spread pandemic COVID19 and the all India lockdown situation, the Indian Trademark Registry has provided extension of time for submission of any documents relating to all trademark matter. The applicant is at liberty to file request for extension of time (now or after the situation becomes normal) and such extensions will be taken into consideration by the Registrar.
You may click here to access the public notice.
Opposition Hearings Cancelled
Intellepedia Publication Date: 26th March 2020
In view of the public notice issued by the Controller General of Patents, Designs and Trade Marks dated 16/03/2020 wherein the opposition cases hearings fixed on 12/03/2020 had been adjourned to 30/03/2020 due to administrative reasons in Trade Marks Registry Branch, Chennai, have further been cancelled and fresh notices will be issued in due time.
You may click here to access the public notice.
Corona Puts the IP World on Notice
Intellepedia Publication Date: 20th March 2020
In the midst of the ongoing Coronavirus epidemic, several IP offices all around the world have taken measures to minimize user impact by closing down their IP offices either fully or partially. The EU Intellectual Property Office (EUIPO) has postponed all meetings and events and extended all time limits expiring between 9th March and 30th April to 1st May 2020. The IP Office of Hong Kong as well as the China National IP Administration have extended all patent, design and trademark deadlines for filing dates falling between 29th January and 21st February. The Italian IP Office has taken measures which include telephone assistance service through call center operators from home, as well as temporarily closing its public-facing services, except the filing of urgent documents. The Spanish IP Office (OEPM) has announced that all deadlines for pending proceedings are suspended and will be resumed when the state of emergency or its extensions finish. The USPTO has closed all its offices from 16th March 2020 until further notice. Similarly, the Intellectual Property Office of India has suspended all hearings related to trademark, patents and design application till 15th April.
