New Delhi, The office of the Controller General of Patents, Designs and Trade Marks has informed the Central Information Commission (CIC) that there is no specific time limit prescribed for disposing trademark applications and no standard operating procedure (SOP) with timelines exists for the process.
The observation came during the hearing of an RTI appeal before Information Commissioner Khushwant Singh Sethi concerning alleged delays and procedural irregularities in trademark opposition matters.
According to the CIC order, the appellant alleged that despite filing a counter-statement within the stipulated period, his matter was not processed for over 10 months, while other opposition matters were heard and notified earlier.
During the hearing, the respondent submitted that the office receives a large number of applications and “there is no specific time limit prescribed for disposing trademark applications”.
The respondent further stated that “there is no SOP with timelines in this regard”.
The RTI application had sought information, including average disposal time for intimating counter-statements in trademark opposition matters, reasons for delay in notifying a counter-statement, file movement details and whether any internal inquiry was conducted regarding alleged procedural lapses.
The Commission observed that the respondent had not given an appropriate reply on certain points raised in the RTI application.
It directed the respondent authority to provide a revised reply, including the average disposal time for the previous six months relating to the period when the appellant’s application was pending.
The CIC also directed the respondent to provide relevant e-file records and note sheets after redacting third-party information under Section 10 of the RTI Act.
Additionally, the authority was asked to file an affidavit stating that no information was available regarding the sought notings and file movement details related to the trademark opposition matters mentioned in the RTI plea.
