B.E.C. INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) In W.P.(C) 11284/2019, on the last date i.e. 31st October, 2019 owing to various technical glitches which had been revealed in the issuance and processing of various forms filed during prosecution of a trademark application, certain directions were issued which read as under:

(2.) Pursuant to the above directions, Mr. Hemant Kumar, Sr. Examiner from the Trade Marks Registry, Delhi is present along with Mr. Anil Awasthi Technical Director, NIC. Ld. standing counsels appearing for the Union of India have submitted that they have sought certain instructions on the current manner in which trademark applications are being processed, however, the instructions in respect of the directions passed above are yet to be received. A flow chart has been handed over which shows the current procedure adopted by the Trademark Registry in processing trademark application. The said flow chart is set out herein below:

(3.) A perusal of the above shows that, currently, all the trademark applications filed in the five different offices at Ahmedabad, Bombay, Calcutta, Chennai and Delhi are all initially transmitted to the Trade Marks Registry in Mumbai, from where the publication takes place and thereafter the application proceeds for registration, if there is no opposition. However, whenever there are objections raised by the Examiner, the same are then transmitted to their respective branch offices. Show-cause hearings are held in the branch offices. If oppositions are filed, they are heard at the branch offices and then further procedure is undertaken. The flow chart actually reveals that there is enormous confusion in the manner in which trademark applications are dealt with inasmuch as the transmission to the Mumbai office becomes quite cumbersome as invariably in most trademark applications, objections are raised by the Examiner. The manner in which the processing is done, once the application is received in respect of the various forms that are filed by the Applicant has also not been explained. The Trade Marks Registry is accordingly directed to file a better affidavit and Mr. Hoshiar Singh, Head of the Trade Marks Registry, Delhi is directed to remain present on the next date to explain the said affidavit.