Alert 392 - India - Trade Mark Registry takes steps to reduce backlogs


Earlier this year, the Trade Mark Registry embarked on the process of digitising its records. Now that the process is almost complete, the Registry is introducing a number of additional initiatives to help reduce current backlogs.

Opposition cases

On 24 November 2011, the Controller General (CG) Patents, Designs and Trademarks issued a Public Notice in relation to trade mark oppositions that have been settled, and/or either the opposition or trade mark application in question has been withdrawn. Even though the Registry may have been notified of such settlements or withdrawals, they will not have been recorded in the computer data. The Public Notice, therefore, requests parties to provide details of any such settlement and/or withdrawal, along with documentary proof, by email to specific officers detailed in the Notice. This will enable the Registry to finalise the oppositions in question.

Express Service Requests

The Trade Mark Registry has introduced a free express service facility to expedite the processing of cases.

The facility, which can be accessed by sending a request to the Assistant Registrar at Mumbai, with the words EXPRESS SERVICE REQUEST super-scribed in bold, is available in the following situations.

  • Non-receipt of First Examination Report within 15 days of filing of the application. The request should be sent by email, including the date of filing, application number, and details of the trade mark and the class of goods/services.
  • Non-receipt of post registration changes e.g. where a registered mark has been assigned and the request to record the subsequent proprietor is pending. The request should be sent by mail accompanied by a copy of the original request, documents in support, and an affidavit from the assignor and assignee to the effect that no proceedings are pending relating to the trade mark in any court or before the Appellate Board.
  • For non receipt of a legal certificate e.g. certified copies of entries on the register. The request must be supported by the following documents: a copy of the trade mark; copy of any renewal/post registration changes; copy of the trade mark journal in which the mark was advertised before registration; and a copy of the registration certificate.

The Trade Mark Office has, in the past, been severely criticised for delays, and there has been controversy surrounding lost files. The computerisation of Registry records, combined with these additional initiatives, should improve the system and bring it closer to compliance with international standards.

For further information, please contact local Indian law firm, Ranjan Narula Associates, an associated firm of Rouse: info@indiaiprights.com.