IPAB

Frequently Asked Questions

In respect of which trade Marks matters appeal lies to the IPAB?

  • Appeal from an order or decision of the Registrar of Trade Marks can be filed before the IPAB.
  • 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.

In respect of which trade mark matter can original application be filed before IPAB?

  • 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.
  • Also original application for rectification of the register under Section 125 of the Trade Marks Act, 1999 can be filed before the IPAB.

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.… Read More

IPAB

Jurisdiction

IPAB exercises jurisdiction over Trademarks, Patents and geographical indications as on date.

The Trademarks Act 1999(47of 1999) in its Statement of Objects and Reasons declared that to achieve the purposes for which the trademark law was re-enacted it was proposed, inter alia , to provide for an Appellate Board for speedy disposal of appeals and rectification applications which then lay before the High Courts. Accordingly the IPAB was established by the Central Government, which was notified in the Official Gazette on 15th Sept 2003.

The IPAB was conferred by this Act with the jurisdiction to hear all appeals from the order or decision of the Registrar and all cases pertaining to rectification of register and all such cases which were then pending before any High Court stood transferred to the IPAB by S.100 of the Trademarks Act 1999.

The Geographical Indications of Goods (Registration and Protection) Act 1999 was enacted to provide for the registration and better protection of geographical indications relating to goods.… Read More