Directions by Delhi High Court to all the offices of Trade Marks Registry across the country for issuance of Certified Copies of trademarks records in a timely and proper manner

Hon'ble Mr. Justice Rajiv Sahai Endlaw of the  Delhi High Court has issued following directions of a general nature to all the offices throughout India of the Registrar of Trade Marks for the issuance of certified copies in a proper and timely manner:

 

(i)              If not already in place, nominate one Nodal Officer of each branch to receive applications for certified copies and to issue certified copies.

(ii)            To, within two months of today, announce on the website of the Registrar of Trade Marks, the particulars i.e. name/designation, address, phone number/s and email address of the Nodal Officer responsible for accepting and entertaining applications for certified copy and to issue certified copies for each office of the Registrar of Trade Marks.

(iii)           To, within six months of today, make a provision, if not already in existence, for making online applications for certified copies.

(iv)           To, within six months of today, make a provision on the website of the Registrar of Trade Marks for disclosure of the status of the applications for certified copies including any deficiency or defect therein required to be remedied by the applicant and/or the date when it will be ready for collection.

(v)            To, till the aforesaid is functional, as an interim measure, make a provision for sending intimation, to the applicant/s for certified copies, of deficiencies / defects required to be rectified via e-mail, SMS and other modes of communication.

(vi)           To, endeavour to make provision for online payment of the fee and other charges if any for certified copies.

(vii)         To issue certified copies within one month of the receipt of a duly completed application.

(viii)       To indicate on the certified copy, whether it has been prepared from the original of the document or from a copy of the document.

(ix)           To explore the possibility of making an endorsement of “original seen and returned” on the copies on the record, originals of which are returned.

(x)            To ensure, that the certified copies are legible and wherever the original / copy on the record of the Registrar of Trade Marks has any colour other than black and white, the certified copy reflects such colour.

(xi)           To, if the documents of which certified copies is sought have been lost or misplaced, intimate the same to the applicant within one month as aforesaid of the application for certified copy having been made.

 

 

The order can be accessed at following link:

 

http://lobis.nic.in/ddir/dhc/RSE/judgement/18-08-2017/RSE31072017CR1462015.pdf