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Friday, April 15, 2011

The Department of Industrial Policy and Promotion (DIPP) has admitted on affidavit before Delhi High Court that TM Registry has lost whopping 44,000 files relating to trademarks

A writ was filed before the Delhi High Court by one aggrieved company (Haldiram) seeking inspection of certain trademark prosecution and opposition files. In the Course Petitioner was joined by several other parties who impleaded themselves. As TM Registry was not able to provide any convincing explanation for same the Court ordered an enquiry by the Secretary of the DIPP, under whose supervision and control the Patent, Trade Marks, Design and Geographical Indication of Goods offices comes (DIPP comes under the Ministry of Commerce, Government of India)

As per the affidavit filed before the Delhi High Court, DIPP stated that most of the files were misplaced when the Trade Marks Registry was decentralized from Mumbai to the other cities and files were moved from Mumbai to other offices. The Court was informed that a FIR had been filed with the police with respect of missing files sought by the petitioner for inspection and files would be reconstructed through existing records of the trademark, (i.e. TM journals/ electronic database).

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