INTRODUCTION
Through a recently issued public notice dated 01-02-2024 https://www.ipindia.gov.in/writereaddata/Portal/Images/pdf/Public_Notice_TMR_Search.pdf, the Office of Controller General of Patents, Designs and Trade Marks has withdrawn the time restrictions that had been put earlier on the TM public search and E-Register by way of public notices issued in September of 2023 w.e.f. 14-09-2023. Due to this withdrawal, the TM public search and E-Register shall now be available for operation at all times with effect from 01-02-2024.
BACKGROUND
The TM public search and E-Register features are integral for the circadian functioning of the Trade Mark lawyers and are features that are used extensively throughout their working hours. However, given the extreme load on the TM applications and database servers given the lack of proper software and hardware upgrades, operating the same was becoming excruciatingly obtuse and tiresome. Following the same, a time restriction was imposed in the first place for on an interim basis, wherein, these services would be unobtainable from 10AM to 4:30 PM during the working days.
Needless to mention, the same had obstructed free functioning to a considerable extent as the offices of the trade mark lawyers were unable to access and thus deal with trade mark applications for around 6 hours a day. This issue, inter alia, was raised in The Intellectual Property Attorneys Association (IPAA) Vs. The Controller General of Patents, Designs & Trade Marks & Anr., wherein, the Hon’ble High Court of Delhi had directed the defendants to file a response regarding the same till 4th January, 2024 and to re-notify the Hon’ble Court of the same.
PRESENT SCENARIO
It thus comes in as a massive relief that the rime restriction has now been withdrawn following the upgrades and these features are now accessible to all stakeholders and general public as before. It is only expected that with this issue reconciled, the Registry can initiate the removal of other glitches and technical obstructions.
