Querist :
Anonymous
(Querist) 18 November 2011
This query is : Resolved
Dear Experts, I am posting my query once again as the last query got mixed up with other query.
The record with the Trademark Office has a date of dispatch of TM 5 on 25.02.2011 and the client must have received it after that, however the client is unable to provide the exact date as to when actually the TM 5 was received. Now the TM Office says that the 2 months stipulated time to reply back has to be counted from the date of dispatch of TM 5 from Trademark office for applicant has expired. If that is the case then the stipulated time ends on 25.04.2011 (2months). Now being the month of November 2011 the application will be abandoned in due course. The same is still as opposed in the public site.
My question before you is whether there is any way TM 6 can be filed on this date.
Secondly whether the date of dispatch of TM 5 is to be considered correct.
What is the remedy to save the application.
Or should a new application be filed as no intimation was sent from the Trademark Office in this regard. I need your advice.
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