According to the Secretariat's Report, "The Trade Marks Office reviews filed applications to ensure that they are complete. When an application for the registration of a trademark has been accepted, it is published", though according to the notice "CG/F/Public Notice/2011/360" by the CGPDTM 8183 files are still missing in the CGPDTM. Please describe what measures the CGPDTM has taken or will take to find the missing files as well as measures CGPDTM has taken or will take to avoid any unreasonable disadvantage for right holders during the stage of enforcement, etc.
Reply: The CGPDTM has issued a Public Notice originally on 25.4.2011 and subsequently on 28.7.2011 concerning the loss of 8183 registered trade marks files that were missing as of that date. Physical Files have been reconstituted or reconstructed on the basis of documents furnished by the registered proprietors or his agent on record and uploaded in the official website. It may also be mentioned that CGPTDM in Misc. Petition No. O.A.109/2004/TM/DEL and O.A.110/2004/TM/DEL has informed IPAB that "most of the missing files have now been duly reconstituted or recovered or traced and the current position as of date (5.9.2011) in respect of missing registered trade marks files is as given below:
