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Monday, July 12, 2010

RECENT AMENDMENTS IN TRADE MARK RULES INDIA

In a further step to achieve complete transparency in the Trade Marks Registry, Office of the Controller General of Patents, Design and Trade Marks, India has made available to the public complete details of pending Trade Mark Applications, Registered Trade Marks including the Prosecution History, Examination Report, Copy of the Application, e-Register of Trade Marks, Copy of the Trade Mark Certificate, Opposition details etc. The details can be seen by logging on https://www.ipindiaonline.gov.in/eregister/eregister.aspx

Further, the Trade Mark Rules, 2002 have been amended and Trade Mark (Amended) Rules, 2010 have come into force with effect from May 20, 2010. The major change is amendment in Fourth Schedule of the Trade Mark Rules i.e. adoption of all 45 international classes. Earlier international classes 43, 44 and 45 were merged in class 42 in India, but from May 20, 2010 separate application has to be filed for services covered under International class 43, 44, 45. Another change in insertion of proviso to Rule 62(3), that provides for issuance of copy/ duplicate registration certificate without any additional cost, if the Registrar is satisfied on a claim of Registered Proprietor supported by evidence that registration certificate has not been received by him. But further proviso specifies that no such copy/ duplicate registration certificate shall be issued where such request is received after expiry of time limit for renewal or registration or restoration of the registered trade mark.

Delhi trade mark registry has also geared up for expediting the examination process and total time frame for registration and has directed for supplying user affidavit in support of user along with filing for fresh applications and also for pending applications that are yet to be examined.

PATENT PROSECUTION DETAILS MADE PUBLIC

The office of the Controller General of Patents, Design and Trade Marks, India has now made available to the public the Prosecution History, Complete Specification and Examination Reports of published patent application and all details including e-Register in case of granted patents. The URL of IPAIRS is: http://ipindia.nic.in/ipirs1/patentsearch.htm

PROPOSED AMENDMENTS OF THE REGULATIONS UNDER THE PCT

PROPOSED AMENDMENTS OF THE REGULATIONS UNDER THE PCT
Matters for consultation prior to submission to the
PCT Assembly at its 41st (24th extraordinary) session
Geneva, September 20 to 29, 2010

FOR COMMENT BY JULY 6, 2010

1. The PCT Working Group, at its third session held from June 14 to 18, 2010, agreed on a number of proposed amendments of the Regulations under the PCT with a view to their submission to the Assembly for consideration at its next session, to be held in September 2010 (see document PCT/WG/3/8 and the Working Group’s report, document PCT/WG/3/14, paragraphs 182 to 189).
2. The Working Group also agreed that proposed decisions relating to entry into force and transitional arrangements should be the subject of further consultation via the PCT Working Group’s electronic forum 2010 (see document PCT/WG/3/14, paragraph 189). This paper sets out the Secretariat’s proposals for those decisions.
3. Comments are invited by July 6, 2010 (preferably submitted by e-mail to pct.wg@wipo.int), following which the documents for submission to the Assembly will be finalized.
Proposed decisions relating to entry into force and transitional arrangements
4. The Secretariat proposes to recommend to the Assembly that it adopt the following decisions relating to entry into force and transitional arrangements:
“1. The amendments of Rules 12.2, 48.2, 53.9, 55.3, 62.1, 62.2, 66.9, 70.2, 70.16 and 92.2 set out in Annex I [of document PCT/A/41/2)] shall enter into force on July 1, 2011, and shall apply to international applications whose international filing date is on or after July 1, 2011.
“2. The amendments of Rule 49.5 set out in Annex I [of document PCT/A/41/2)] shall enter into force on July 1, 2011, and shall apply to international applications in respect of which the applicant has performed the acts referred to in Article 22 or Article 39 on or after July 1, 2011, and in respect of which an amendment under Article 19 or 34 was made on or after July 1, 2009.”

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