Over 44,000 trademark registry files go missing

Expressing shock over the sorry state of affairs in the Trademark Registry (TMR) branches where over 44,000 files were missing because of the laxity of its staff, the Delhi high court directed the department of industrial policy and promotion (DIPP) to streamline its functioning.

Justice S Muralidhar directed the under secretary of DIPP to take corrective measures as soon as possible so that missing files could be recovered.

The court’s order came during hearing of a petition by Haldiram India Pvt Ltd against the government on the issue of missing trademark registration files.

“A detailed enquiry conducted by a senior official of DIPP found that over 44000 files were missing, not counting the opposition files. The DIPP observed that the main reason for such a large number of files to go missing was the lack of scientific record keeping practices in TMR branches and lack of due diligence by TMR staff. Thus the Controller General of Patents, Design and Trade Marks was directed to take prompt action in all cases where malafide was suspected,” the court said.

The court said as many of the persons whose files have gone missing are still unaware of it, the procedure for recovery of files and corrective action taken should be put out on the website of TMR and given wide publicity.

The court directed departmental action should be taken where negligence by their officials is seen and if malafide is established, an FIR should be lodged.