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TMI Blog2022 (5) TMI 1621X X X X Extracts X X X X X X X X Extracts X X X X ..... ling of the opposition and the suspension of the registration certificate of the Respondent, shall not affect the merits of the dispute between the parties, both in the suit and the appeal mentioned above, as the opposition has been permitted to be filed on a technical ground (limitation) and not on merits. Thus, the said opposition proceedings shall proceed in accordance with law and such proceedings shall not affect the suit or any other disputes pending between the parties. Clarified accordingly. List all these matters on 3rd August, 2022 for receiving of the status reports to be filed by the office of the CGPTDM. - JUSTICE PRATHIBA M. SINGH Petitioner: Mr. Ranjan Narula and Mr. Shashi P. Ojha, Advocates. Respondent: Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lack of communication between the various officers in the CGPDTM and conflicting notices were issued in respect of acceptance of oppositions. It is also submitted by the officers that they were not in the CGPDTM in the capacity of hearing officers and were therefore unaware of any oppositions being accepted beyond the limitation period. Further, the orders passed by the Supreme Court in Suo Moto Writ (Civil) No. 3 of 2020 titled In Re: Cognizance for Extension of Limitation concerning extension of limitation period in various matters during the pandemic, also do not seem to have been properly interpreted and understood by the office of CGPDTM. 4. Considering the affidavits dated 10th May, 2022 filed before this Court, and the explanatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a. As directed, wherever opposition is received, registration certificate is suspended and opposition petition is taken on record and the status of the application is reflected as opposed on e-Register. b. The processing the opposition petition will be proceeded as per provision of the law as stated u/s 21 of Trade Marks Act, 1999 read with rule 44-50 of Trade Marks Rules, 20 17. c. In case an opposition is allowed in future, the registration certificate will be cancelled and digital record will be updated accordingly. d. However, in case opposition is dismissed, the suspension of the registration certificate will be revoked and registration will be restored in the e- Register. (4) The above procedure shall be adhe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5832 37897 4. Jan 2016 - Dec 2020 45258 25221 7848 17997 16728 113052 5. Jan 2021 - Mar 2022 10973 5556 1870 4752 4391 27542 84745 59117 16141 34393 32807 227203 6. It is also submitted that at present there are 12 Registrar level officer who are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer letter issued, training of these officers are scheduled from 02/05/2022 to 27/05/2022. 3 08 Officers are eligible to promote from Sr. Examiners to Assistant Registrar. Promotion proposal is already submitted to DPIIT for further processing. 4 11 Proposal has been forwarded to UPSC for direct recruitment of Assistant Registrar level officers. As per UPSC website, scrutiny of received application is completed. Interview of these candidates may be conducted shortly. 11. It is further submitted that opposition around 86 thousand related to application filed up to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled in this regard by the CGPDTM, as to the progress of hearings and status of recruitment of officers, for the pending oppositions. The said status report shall be placed before the Court, at least one week before the next date of hearing. (9) During this period, the new officials shall join the various offices of the CGPDTM and the list of cases for hearing of opposition matters shall be finalized. The matters shall be taken up for hearing after issuing public notices on the website of the CGPDTM. 5. In W.P.(C)-IPD 103/2021, Mr. Davesh Vashishtha, ld. Counsel appearing for Respondent No.3, submits that the limitation to file the opposition ought not to be extended in his case, as the Appellant ought to have been vigilant and there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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