India: Filing of opposition against brands announced during the Covid-19 period

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The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), Mumbai has issued a public notice dated March 28, 2022 regarding the filing of oppositions against trademarks which are published in the Trade Mark Journal from November 18, 2019 to January 24, 2022.

The public notice is issued in accordance with the direction given by Hon’ble Delhi High Court in the case of WP (C) – IPD 4/2022 & MC 27/2022 & others see order of March 21, 2022. The public notice notifies that any person who wishes to file an opposition against any mark published from Journal n° 1928 of November 18, 2019 in Journal n°. 2036 of January 24, 2022 (both inclusive, regardless of the status of the application, whether registered/opposed/accepted and announced/advertised before acceptance) may submit the same to the respective Jurisdictional Office of the Trademark Registry, either by hand , or by post, in order to reach the registration office no later than May 30, 2022.

This notice is essentially issued to allow parties to file oppositions against trademarks that were announced during the Covid-19 pandemic, and during the four-month statute of limitations would have expired after March 15, 2020. In such cases, the statute of limitations in terms of Supreme Court orders extending the statute of limitations due to the pandemic dated March 23, 2020, April 27, 2021 and January 10, 20221 will be extended to file oppositions to said requests, until the expiry of a period of 90 days from March 01, 2022, i.e. until May 30, 2022.

Footnote

1. https://ssrana.in/articles/supreme-court-extends-period-of-limitation-covid/ (dated March 30, 2020);
https://ssrana.in/articles/supreme-court-extends-limitation-period/ (dated 3 May 2021); https://ssrana.in/articles/extension-limitation-period-supreme-court-january10/ (dated January 13, 2022)

For more information, please contact SS Rana & Co. email: [email protected] or call (+91- 11 4012 3000). Our website can be accessed at www.ssrana.in

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