According to the Secretariat's Report, "A trade mark application may be filed in any of the Registry offices in Ahmadabad, Delhi, Chennai, Kolkata or Mumbai, based on the territorial jurisdiction." Please describe what measures CGPDTM has taken or will take in order to harmonize criteria for the prosecution of trademark applications between Offices.
Reply: The five trades marks offices in the country at Ahmadabad, Delhi, Chennai, Kolkata and Mumbai have been established only for the purpose of facilitating the registration of trade marks for the common man as per territorial limits defined in the rules. The procedure for prosecuting trade marks application is identical at all offices and the same Act, Rules and procedure are applied at all offices. The perception that different offices follow different practices is a wrong understanding. The branch offices are not intended to function independently but under the superintendence and directions of the Registrar. Under the scheme of the Act, the branch office functions include receiving applications for registration, offering hearing at the application or opposition stage and passing final order after hearing the parties. The function of the branch offices are not to be considered parallel or at par with those to the Head Office (Mumbai)which is responsible for the overall administration of the Act and Rules. In matters not specifically provided in the Act or Rules, the Registrar is considered to have the discretion or the final say for proper administration of the Act.
