What are the functions of the Examiners of Trademarks?

The Examiners of Trademarks normally examines application for registration of Trademark to see whether it is qualified for registration under the provisions of the Act and the Rules. They also assist the Registrar in exercising his executive function such as Administrative and Supervisory matters connected with the various proceedings under the Act and the Rules. But the Examiners are not empowered to pass any order in application or opposition by exercising Quasi- Judicial powers of the Registrar. Even if they pass such order, it will be null and void and it can be challenged before the Intellectual Property Appellate Tribunal or by invoking the powers of the High Court under Article 227 of the Constitution of India.

 

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