Trademark Registry's New Groove

The Trademark Registry on 31st March, 2016 declared almost 5, 00, 00 (five lakh) trademark applications as abandoned. This fired a discussion among trademark professionals because such move of the Trademark Registry may not be in compliance with Rule 38(4) and Rule 38(5) of the Trademark Rules, 2002. Rule 38(4) states that after the examination report is issued, a period of 30 days is granted to the Applicant to file a response to the report; a request for extension of time can also be made by the Applicant. This 30 days period begins from the date of receipt of communication i.e. the day when the report is received by the Applicant (rule 38 (5)).

A reading of rule 38(5) makes it evident from its language that there are four opportunities to be granted to an Applicant before declaring an Application as abandoned. A mark shall be deemed abandoned if the Applicant: