Controller General of Patents, Designs and Trade Marks

Indian trademark law statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off.[1] Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency that reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.

The Controller General of Patents, Designs and Trade Marks (CGPDTM), also known as the Indian Patent Office (IPO), is a crucial government agency in India. It plays a central role in protecting intellectual property (IP) rights, specifically:

• Patents: Granting exclusive rights to inventions for a limited period.
• Designs: Protecting the ornamental aspects of an article, like its shape, pattern, or configuration.
• Trade Marks: Registering symbols, words, or devices that distinguish the goods/services of one entity from others.

Key Functions of CGPDTM:

• Examination and Registration: The CGPDTM office examines patent, design, and trademark applications to ensure they meet the legal requirements and grant registrations if successful.
• Opposition Proceedings: It manages the process for oppositions filed against trademark applications by parties who believe the registration would be detrimental to their interests.
• Maintenance of Registers: The CGPDTM maintains registers of granted patents, designs, and trademarks, serving as a public record of ownership.
• Legal Actions: The office can initiate legal proceedings against infringements of registered IP rights.
• Public Awareness: The CGPDTM plays a role in raising awareness about intellectual property rights and their importance.

Benefits of CGPDTM:

• Promotes Innovation: By granting patents, the CGPDTM encourages inventors to disclose their ideas and invest in research and development.
• Protects Designs: Design registration safeguards the unique aesthetic features of products, fostering creativity and competition.
• Ensures Fair Competition: Trademark registration prevents businesses from misleading consumers through trademark infringement.
• Boosts Economic Growth: A robust IP regime fosters innovation and creativity, leading to economic benefits for businesses and the nation.

How to Access CGPDTM Services:

• The CGPDTM website (https://www.ipindia.gov.in/) provides information on procedures, application forms, and fees.
• The office offers online filing options for patent, design, and trademark applications.

Importance of CGPDTM:

The CGPDTM plays a vital role in fostering a culture of innovation and fair competition in India. By efficiently administering IP rights, it helps businesses protect their inventions, designs, and brands, ultimately contributing to the nation’s technological and economic development.

Trade Marks Registry

The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules made thereunder. It acts as a resource and information Centre and is a facilitator in matters relating to trademarks in the country.

The objective of the Trade Marks Act, 1999 is to register trademarks applied for in the country and to provide for better protection of trademark for goods and services and also to prevent fraudulent use of the mark.

The main function of the Registry is to register trademarks which qualify for registration as per provisions of the Trade Marks Act and Rules, and to maintain the Register of trademarks.

After accession to the Madrid Protocol, a treaty under the Madrid System for international registration of trademarks, the Trade Marks Registry also functions as an office of origin in respect of applications made by Indian entrepreneurs for international registration of their trademarks and as an office of the designated Contracting party in respect of international registrations in which India has been designated for protection of the relevant trademarks.

The Head Office of the Trade Marks Registry is at Mumbai and branch offices are at Ahmedabad, Chennai, Delhi and Kolkata. For the purposes functions related to international applications and registrations under the Madrid Protocol, an International Registration wing is set up in the Head Office of the Trade Marks Registry at Mumbai.

Apart from the above, the Registry has to discharge various other functions like offering preliminary advice as to registrability; causing a search to be made for issue a certificate under Section 45(1) of the Copyright Act, 1957 to the effect that no trademark identical with or deceptively similar to such artist work as sought to be registered as a copyright has been registered as a trademark; providing public information and guidance to the public on the subject; providing information to various government agencies including Police, Central Excise personnel, Public Grievance Redressal, maintenance of top class IP library, the production of annual statistical report, production of official Trade Marks Journal in electronic form and submit an Annual Report to Parliament.

The Controller General of Patents, Designs and Trade Marks heads the TRADE MARKS Registry offices and functions as the Registrar of TRADE MARKS. He, from time to time, assigns functions of the Registrar to other officers appointed by the Central Government and such officers also function as Registrar in respect of matters assigned to them.

Presently all the functions of the Trade Marks Registry are performed through an automated Trade Marks System. The Central Server of TMR is at Intellectual Property Office (IPO) Building in Delhi and Disaster Recovery server is at IPO, Mumbai. All branches of the Trade Marks Registry are connected to the main server in Delhi with Virtual Private Network (VPN). All the actions done by the office staffs through the TMS are recorded in the central server on real time basis.