To print this article, all you need to do is be registered or log in to Mondaq.com.

The Honorable Delhi High Court previously headed the Office of the Comptroller General of Patents, Designs and Trademarks (CGPDTM) see order dated April 27, 2022, to file a detailed affidavit with an appropriate mechanism for conducting a show cause hearing along with suggestions from the IPAA, AIPPI and INTA on the development of a new eTMR system. To comply with the same, the Deputy Registrar of Trademarks and Geographical Indications has explained the following steps that must be followed.

Proposed Steps and Mechanism for Conducting a Show Cause Hearing

  • The IT team was tasked with removing the decision base results from the models, such as “the hearing took place before me” and provide a space for hearings officers to write down their decision and reasoning for the hearing in question. The IT team was also tasked with developing a mechanism where the daily case list will be uploaded automatically after hearings officers are assigned. It is also indicated that these modifications have been incorporated into the current trademark system.

  • It is further expected that the virtual hearings will run with an open link until September 30, 2022, which will allow more people to join the hearings.

  • With the implementation of the open link platform until 30 September 2022, virtual hearings will contain the contact details of the Hearing Officer as well as the list of cases.

  • Suggestions received from various organizations such as IPAA, AIPPI and INTA were to be evaluated and implemented to the greatest extent possible in the processing of trademark applications under the revised workflow designed for the eTMR system.

  • The old “TMR system” will be replaced by a new “eTMR system”, which was a work in progress since 2018, the progress of which is monitored via the network map. The new “eTMR system” will be much more advanced and automated in terms of assigning hearings officers to respective trademark applications, maintaining a smooth flow of applications from stage to stage, full automation of the compilation in the Trademarks Journal and will further promote paperless hearings in both review and opposition hearings. In addition, it must also include the image search system, thus facilitating the examination of trademarks.

  • The initially approved committees, i.e. the Project Steering Committee and the Project Working Group, which were responsible for monitoring the development of work related to the “eTMR system”, were reconstituted in March 2022 and are now responsible for evaluating the progress of the work and its feasibility via the NICSI (Services du Center national d’informatique inc.)

The Court has read the affidavit and will leave Mr. Harish V. Shankar, ld. CGSC, determine what platform the Registrar of Trademarks plans to use for the purposes of conducting examination and opposition hearings. Further, Honorable Justice Prathiba M. Singh also ordered the Project Steering Committee and the Project Working Group to assess the feasibility of the development through NICSI and also ordered the said report to be left for implementation. work of the eTMR system be registered. at the next court date, August 17, 2022.

Source link: http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=179741&yr=2022

Co-authored by Kush Bisht, Trademark Intern at SS Rana & Co.

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

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

POPULAR ARTICLES ON: India’s Intellectual Property

Patent Law in India

Anand & Anand

The Patents Act 1970, along with the Patents Rules 1972, came into force on April 20, 1972, replacing the Indian Patents and Designs Act 1911. The patent law was largely based on the recommendations of the report of the Ayyangar Committee headed by Judge N. Rajagopala Ayyangar. . One of the recommendations was to allow only process patents for inventions related to medicines, foodstuffs and chemicals.