Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2022 (5) TMI 1621

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... in person, Mr. Sachin Sharma, Deputy Registrar of Trademark & GI in person, Mr. Davesh Vashishtha and Mr. Sharab Srivastava, Advocates ORDER Prathiba M. Singh, J.(Oral) 1. This hearing has been done through hybrid mode. 2. There are two aspects being considered in these matters. i) The first relates to the review application filed on behalf of the officers of the CGPDTM seeking review of the order dated 21st March, 2022, by which Rs.1 lakh was imposed as costs on each of the officers for lapses in communicating incorrect facts to the Court. ii) The second concerns the issue of a large number of pending oppositions, ripe for hearing, in the CGPDTM office. 3. Post the passing of the order dated 21st March, 2022, and filing of the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... DTM and not of the said officials individually. The officials are cautioned that in the future it shall be ensured that the directions issued by the CGPTDM shall be issued in a clear and transparent manner, without ambiguities. Further, proper information shall be furnished to the Court whenever called upon. (2) Insofar as the cost of Rs. 1 lakh imposed on each of the officers is concerned, the same shall stand. However, the ld. Controller General shall take a decision as to whether the said costs are to be deposited by the office as a whole or by any of the officers individually. The Court shall be informed of the said decision on the next date of hearing. (3) Insofar as the cases where registration certificates had been issued and opp .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n record. (5) Insofar as the pending oppositions are concerned, the affidavit dated 10th May, 2022 has been filed on behalf of Dr. Prithpal Kaur Sidhu, Deputy Registrar IP Office at Dwarka New Delhi, stating the following facts: "5. It is submitted that as per office record the following are the pending application where third party opposition has been filed and are presently pending with the Trade Marks Registry. Sr. No. Period (of application filing and pending in opposition proceedings) Delhi Mumbai Kolkata Chennai Ahmedabad Total 1. Up to 31/12/2005 5434 7991 1394 1914 1997 18730 2. Jan 2006 - Dec 2010 9127 10235 2168 4593 3859 29982 3. Jan 2011 - Dec 2015 13953 10114 2861 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rs engaged in contract basis to dispose pending matter related to opposition proceedings Officer 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 2015 and around 1 lakh 10 Thousands opposition related to applicat .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... us 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 is also an active litigation pending between the parties. The said proceeding .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates