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Scrutiny Format of IPAB
Sr. No.DescriptionRemark
1 A note to the effect that if any similar/connected Application is filed or pending before the Registrar of Trademarks/Patent be mentioned on the INDEX. Further indicate the name of the TM Registry/PT Office where it is pending
2 Affidavit be filed in support of Petition/Appeal/Application and attested/identified by the counsel. The details of Age/complete address be given. Necessary averments be given if the affidavit has been signed in Vernacular. No modification of affidavit is allowed. It should be re-typed and attested.
3 Affidavit of clerk (of the counsel) is not allowed. File the affidavit of the applicant or Respondent
4 All papers be filed on foolscap and on one side of the papers with two line space
5 Annexure be made true copy of original. (at the bottom of each page) and signed. Annexure number should be marked properly in the index as well as on top of the annexure filed with the petition.
6 Application / Appeal is barred by time
7 Application for condonation of delay in filing/re-filing be filed along with affidavit
8 Application should properly page numbered as per index and paging in continuation.
9 Application for stay be filed separately along with affidavit
10 The adequate copies of the application/ Appeal / Counter not filed of the applicant / respondent
11 Blanks be filled
12 Brief description of Ann. Be given in main Index/Fresh typed index be filed.
13 Certified copy of the order to be filed
14 Correct days of delay be mentioned
15 Correct provision of law is given in the heading of appeal / Application
16 Clear copies of petition/application/annexures be filed with proper left side margin along with the present certified copies.
17 Corrections (if any) are not allowed in cause title, Index and Memo of parties. All other corrections/addition should be legible and initialized by the Counsel/filing person.
18 Dates and case numbers should be mentioned in the application, index, inside the application or in vakalatnama.
19 English translation of vernacular be filed
20 Fair typed copies of dim handwritten annexures should be filed.
21 First and Second set be filed duly signed and dated.
22 In the Memo of Parties the serial no. Of the parties should be given in running numbers, sub-numbering in alphabets is not allowed.
23 If service is through courier or any other postal means an undertaking to the effect should be given that the parties have been served at the correct address and signed.
24 Memo of Parties be filed signed by the counsel. Complete addreess be given in memo of party.
25 In Case of Application/Appeal filed in a name of firm the name of the sole proprietor or authorized representative should be prefixed in the name of the firm. In case ,petition / application field through authorized signatory, it should be accompanied by the authorization letter
26 Misc Application and Annexure be properly stamped / signed.
27 Name of the Counsel/Litigants filing the case along with the address/telephone & enrolment number be mentioned in the index/Memo of parties/petition/application/vakalatnama.
28 Order against which Appeal / application is filed be mentioned in prayer clause.
29 Page numbering of the anneuxer be done properly and it should be done in continuous running number/It should be done numerically / Double page numbering are not allowed
30 Petition/application/ annexures/ order should be stamped/signed.
31 Appeal /Application be split into volumes with maximum of 200 pages in one volume with separate index. The impugned order be filed in first volume.
32 Synopsis be filed along with the appeal.
33 Thumb impression be identified with name and LTI or RTI.
34 Underline/highlighting be omitted/erased.
35 POA/Vakalatnama be filed / dated and signed by the counsel and all petitioners. Each Advocate must mention their name/ address/ enrolment number & phone number in Vakalatnama. Title on the Vakalatnama be checked. Court stamp be affixed. Signature of the client be identified by the counsel.
36 Where several persons sign a single Vakalatnama, the signatures are to be affixed corresponding to the serial number/name mentioned in the vakalatnama. Stamp of the company is required in cases of authorised signatory.
37 Photo copy of the color copy is requried in all set.
38 Whether CD-R / DVD-R Format enclosed with Applicant / Appellants name and Counsels name with Signature clearly written with a permanent marker on the face of the CD / DVD. The said details mentioned on the CD / DVD cover will not be accepted.
39 G.P.A in favor of the counsel has to be filed.
40 Properly stamped( vide article 4) of stamped and notarized affidavid to be filed.
41 The rectification application to filed in the revised Form I as published in gazette of india extra ordinary dated 16.05.2013
42 The rectification application sign by applicant/constitutad attorney.
43 Copy of the trademark journal/status as to be filed.
44 Address for Service in india of the respondent has to filed.
45 Proof of service (legal notice or any other relevant document).
46 The Registrator of the trademark/controler of patents to be impleaded as another respondent .
47 Date of knowledge of registration of impugned mark / patent or states the cause of action with regard to impugned mark / patent.