Delhi HC Raps Trade Marks Registry For Delay In Registrations, Says Process Needs to Be Streamlined
Delhi High Court has rapped Trade Marks Registry for complaints being filed against the delays caused in processing the registration applications. The court also noted that there have been several lapses in the functioning of the Registry.
While dealing with such complaints, Justice Pratibha Singh noted that there is something amiss in the functioning and procedural administration of the trade mark registration files.
She further noted that if separate departments deal with separate forms, then obviously such lapses are bound to occur and such procedure would result in enormous inefficiency in the processing of trade mark applications.
The court also noted that there's a need to streamline the processing of trade mark applications till registration and thereafter. The procedure which is currently being followed is clearly not satisfactory as it is resulting in enormous confusion.
Recognising the need to have a proper procedure for processing and registering trade mark applications, the court directed the Head of the Trade Marks Registry Office, Delhi, to file an affidavit mentioning the following:
- the current procedure for processing of trade mark applications, including the various steps starting from filing, acceptance of fee, allocation of application number, examination and generation of examination report, acceptance of responses, hearings held, if any, orders passed on the said files, grant of trade mark registration certificates, change of address, change of name, processing of licences and assignments, renewal notices, etc. and whether they are dealt with by one officer or by different departments, even if they relate to same application.
- the manner and procedure for uploading of documents which is currently being followed at each and every stage by the Trade Marks Registry.
- whether it is considered efficient to allocate a particular trade mark application to a specific officer who would then process the various forms filed in respect of that application so that the familiarity of the officer with the file would enable efficient processing of the same
- insofar as post-registration formalities, such as renewals, assignments, etc. are concerned, whether the same should be dealt with by a separate department and if so whether post registration formalities of specific registered trade marks ought to be handled by a single officer.
The court also directed technical person from the National Informatics Centre and a senior officer from the Trade Mark Registry, Delhi who is familiar with the affidavit to be submitted to the Court, to remain present in Court on the next date of hearing.
Read Order Here