Not always the registrar of trademarks gives right decision under the trademark registration procedure whether it is on the basis of fact or law and to appeal against that order of trademark department, Intellectual property appellate board (IPAB) has been setup under the act. Section 83 of the trademark act, 1999 provides for the establishment of appellate board. Intellectual property appellate board (IPAB) was constituted to hear appeals against the decisions of the Registrar under Trade Marks Act, 1999, Geographical Indications of Goods (Registration and Protection) Act, 1999 besides Patent Act, 1970. The Copyright Board has been merged with IPAB as per the Finance Bill 2017.
Who can file appeal against the order of Registrar of trademarks?
An appeal against the order of the registrar of trademarks can only be filed by person aggrieved, i.e. person against whom a decision has been pronounced which has wrongfully refused him something which he had a right to demand. Not every person who has suffered some disappointment or whose expectations have not been realized as a result of the decision or order can claim to be aggrieved person.
Time limit for filing the appeal to Intellectual property appellate board (IPAB)?
An appeal to the IPAB could be filed within 3 months from the date of receiving the order of Registrar, although extension could be granted by the appellate board on the sufficient cause for the delay, the appellant can seek the extension by filing the condonation application.
Process of filing the appeal to Intellectual property appellate board (IPAB)?
The appeal has to filed in form 2 as prescribed under IPAB rules, 2003 within 30 days from the date of decision of the registrar of trademarks.
(1) The Deputy Registrar shall endorse on every application or appeal the date on which it is presented.
(2) If, on scrutiny, the application or appeal is in order, it shall be duly registered and given a serial number.
(3) If an application or appeal is found to be defective and the defect noticed is formal in nature, the Deputy Registrar may allow the applicant or appellant to rectify the same in his presence and if the said defect is not formal in nature, the Deputy Registrar may allow the applicant or appellant fifteen days time to rectify the defect as he may deem fit. If the application or appeal has been sent by post and found to be defective, the Deputy Registrar may communicate the defects to the applicant or appellant and allow the applicant or appellant fifteen days time from the date of receipt of the communication from the Deputy Registrar to rectify the defects.
Documents accompanying the appeal to IPAB?
The application shall consist of all the documentary evidences including the order of the registrar, notice of opposition, affidavits, counter statement, vakalatnama or power of attorney and all the evidences in support of your application. The fees of filing appeal to Intellectual property appellate board (IPAB) in form 2 is Rs 5,000/-The application has to be filed in triplicate.
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