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Amendments to Trademark Laws

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Apr 21, 2022 (Newsletter Issue 5/22)
India
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Trademark Office Accepts Oppositions until End of May 2022


On March 28, 2022, the Indian Trademark Office, Controller General of Patents, Designs & Trade Marks (CGPDTM), published a public notice allowing any third party to file oppositions against trademarks applications published between November 18, 2019, and January 24, 2022, in the Trade Mark Journal until May 30, 2022, regardless of the current status of the contested application.

This follows the ruling of the High Court in Dehli Order dated March 21, 2022, in the case of Dr. Reddys Laboratories Limited & Anr v. Controller General of Patents Designs and Trademarks, W.P. (C)-IPD 4/2022 & CM 27/2022, wherein the Court issued the following directions:

1. The time limit for filing oppositions against trademarks whose opposition period would have expired after March 15, 2020, shall be extended until May 30, 2022;
2. Registration certificates for trademark applications against which no oppositions have been filed or received until May 30, 2022, shall remain valid; and
3. Registration certificates for trademark applications against which oppositions have already been filed or are filed by May 30, 2022, shall either not be issued or, if already issued, shall stand suspended until the Trademark Office decides the oppositions.

For more information, please see here and here

Source: S. S. Rana & Co., India; ZeusIP Advocates LLP (published at www.inta.org on April 20, 2022)