Recent notices-trademark

Recent Notices-Trademark

Observing deficiencies and irregularities in the applications submitted for trademark registration to the Registrar of Trademarks, the Controller General of Patents, Designs and Trademarks (CGPDTM) has issued two general notices dated 9th January 2012 bearing nos. CG/F/Public Notice/2011/81 & CG/F/Public Notice/2011/82 to the public, trademark applicants and trademark agents.

The important provisions of the notices are as under:

The CGPDTM has clarified that every trademark application must provide atleast following information:

Descripttion of goods/services: The CGPDTM has clarified that every trademark application must provide the actual descripttion of the goods/ services in respect of which the trademark is proposed to be used/ has been in use, instead of using words with wide ambit such as "all goods/ services", "etc", "all other goods/ services included in class”.

Name of Applicants: The CGPDTM has also clarified w.r.t. the name of the Applicant(s) requiring the following:

a.   If applicant is a Proprietorship firm - Names of the Proprietors to be mentioned;
b.   If applicant is a Partnership Firm - Names of all partners to be mentioned;
c.   If applicant is a Trust - Name of managing trustee to be mentioned;
d.   If applicant is a Society- Name of person representing the society to be mentioned

Further it is clarified that the applicant must give exact date with month and year w.r.t. usage of trademark.
Further, apart from ensuring that the trademark is clearly visible, Translation/Transliteration for any Non-English/Hindi trademark proper is also to be provided.

In another Public notice of the same date, the CGPDTM has required that the payment of statutory fees in respect of Forms TM-70 and TM-72 is mandatory to be made only by way of demand draft issued in favour of Registrar of Trademarks or by cash and not by cheques.

Thus from the aforesaid circulars an attempt is made to expedite the registration process by avoiding future discrepancies and irregularities.

I am surprised and shocked to see above post of you, CS Ankur Shrivastava. The above post is verbatim and word to word copied from the IPR LAW NEWSWIRE circulated by us at “CORPORATE PROFESSIONALS”(CP). You have also copied another NEWSWIRE of “CP” circulated w.r.t. SAT ORDER ON SMALL COMPANIES DELISTING and this is the second time that you have copied our NEWSWIRE at this forum.

The efforts which is made in wording the notifications have been copied without giving any credit the firm or taking any permission from the Organization.

This is a highly unethical act and is not expected from a professionals to the least. We call upon you not to copy any other literary product of our Organization either on this forum or any other forum and reserve our rights to initiate a legal action for copying the literary creation of the Organization.