The Ministry of Commerce and Industry (MOCI) on July 01, 2024, issued the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024.
The following has been stated namely: -
• It states that any person shall file a complaint in Form-I through electronic means to the adjudicating officer.
• It states that the adjudicating officer shall complete the proceeding within three months from the issuance of the notice to the opposite party.
• It states that the appeal process involves filing Form III electronically within sixty days of the adjudicating officer's order, followed by respondent's reply upon notice issuance, and concluding with a reasoned order by the appellate authority after hearing, potentially adjourning, typically within sixty days of appeal receipt.
• It states that all communications under these rules shall be transmitted through electronic means only.
• It states that the orders under these rules shall be dated, digitally signed, communicated to all parties, uploaded on the official website of Intellectual Property India, and all penalties collected shall be credited to the Consolidated Fund of India.
The Objections or suggestions, if any, with respect to these draft rules shall be taken into consideration till August 01, 2024, and may be sent by post to " the Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, Vanijya Bhawan, New Delhi-110001", or email at: [email protected].
[Notification no. - G. S. R. 362 (E)]