Abandonment Of Trademarks In India

Deeming Abandonment Of Trademarks

Upon examination of the Trade Marks Rules, it is evident that non-compliance with certain rules by an applicant, opponent, or other parties results in the deeming of their motion as abandoned. For instance, Rule 45 mandates a two-month period to submit evidence in support of opposition, and non-compliance leads to abandonment of the opposition. However, the Trade Marks Act presents a different picture, replacing party-centric regulatory focus with Registrar-centric empowerment. Sections 131 and 132 of the Act grant the Registrar the authority to grant extensions beyond the initial period of limitation, even if the application has been deemed abandoned. This power extends to all deadlines not explicitly provided for in the Act, thereby providing the Registrar with significant discretion to dilute the provisions for deeming abandonment in the Rules.