1. In respect of which trade Marks matters appeal lies to the IPAB?
i) Appeal from an order or decision of the Registrar of Trade Marks can be filed before the IPAB.
ii) Appeals from an order or decision of the Registrar of Trade Marks issued under Rule 162 of the Trade Marks Rules,2002 can be filed before the IPAB.
2. In respect of which trademark matter can original application be filed before IPAB?
i) Original application for rectification of the Register of Trade Marks under Section 47 or 57 of the Trade Marks Act, 1999 can be filed before IPAB. ii) Also original application for rectification of the register under Section 125 of the Trade Marks Act, 1999 can be filed before the IPAB.
3. What is the time limit for filing of an appeal before IPAB from the order or decision of the Registrar of Trade Marks?
An appeal to the IPAB should be filed within three months from the date on which the order or decision to be appealed against is communicated to such person preferring the appeal.
4. Is it possible to file an appeal before the IPAB after the three months period?
An appeal may be admitted after the three-month period if the appellant satisfies the Appellate Board that he had sufficient cause for not preferring the appeal within the three-month period.
5. Is there forms and fees prescribed for initiating proceedings before the IPAB in respect of trademark matters?
The Trade Marks (Application and Appeals to the IPAB) Rules, 2003 prescribes the forms and fees for filing application and appeal before the IPAB.
6. Is there any rules of procedure prescribed for the proceedings before the IPAB?
The IPAB (Procedure) Rules, 2003 provides the forms and fees for the different proceedings before the IPAB.
7. What about the cases pending before various High Courts?
All cases of appeals against any order or decision of the Registrar and all cases pertaining to rectification of the register pending before any High Court stands transferred to the Appellate Board from 6th October, 2003. However, infringements and criminal proceedings would be continued in those Courts only.
