INTELLECTUAL PROPERTY INDIA
Patents/Designs/Trademark
GEOGRAPHICAL INDICATIONS
GOVERNMENT OF INDIA
Office of the Controller General
Patents, Designs and Trademarks
Boudhik Sampada Bhawan S.M.Road, Antop Hill
Mumbai-400037, India
CG/Public Notice/TMR/2012/167
Dated: 14/06/2012
PUBLIC NOTICE
Recently many local cheques deposited in the name of the Registrar of Trade Marks as fees for applicationsl oppositions I other documents under the Trade Marks Act, 1999 have been dishonoured. Such dishonour of cheques deposited as fees have caused not only financial loss to the government exchequer but a number of legal complications have also arisen because fee bearing documents are deemed not to have been filed until the required fee has been paid under section 150(3) ofthe Trade Marks Act, 1999.
The public is hereby informed that if a cheque submitted by any applicant! agent! attorney is dishonoured by the bank concerned , the application! notice or any other document with which such cheque was deposited as fee, shall be stopped forthwith from further proceedings. If the application has inadvertently been accepted for registration or has proceeded for registration, the acceptance will be withdrawn by issuing notice under section 19(2) of the Trade Marks Act, 1999 or a proceedings to cancel the registration shall be initiated by issuing notice under section 57(4) of the Trade Marks Act, 1999 as the case may be.
If such a dishonoured cheque was deposited by a registered trade marks agent, an action under rule I 57(2)(b) of the Trade Marks Rules, 2002 may be initiated against such agent and simultaneously action under Negotiable Instrument Act may also be initiated. To avoid all such untoward incidents/consequences, the public is hereby advised to abstain from depositing local cheques and deposit banker’s cheque or drafts as fees before the Registrar of Trade Marks.
sd/-
(Chaitanya Prasad)
Controller General of Patents, Designs and Trade Marks
source: http://ipindia.nic.in
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