Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi-110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/C/2011/000708
Name of Complainant : Mr. Yogesh Kumar
Name of Respondent : Trade Marks Registry, Mumbai
ORDER
The Commission has received a complaint dated 11.10.2011 from Mr.
Yogesh Kumar u/s 18 of the RTI Act, 2005, against the Trade Marks Registry,
Mumbai for deemed refusal to his RTI request dated 7.6.2011 and first appeal dated
1.8.2011.
2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI Act,
viz., complaints and appeals, this case is remitted to CPIO, Trade Marks Registry,
Mumbai (along with copy of appeal and RTI-request), with the following directions:
(i) In case no reply has been given by CPIO to the Complainant to his RTI-
request dated 7.6.2011 CPIO should furnish a reply to the Complainant
within two weeks of receipt of this order.
(ii) In case CPIO has already given a reply to the Complainant in the matter,
he should furnish a copy of his reply to the Complainant within one week
of receipt of this order.
(iii) CPIO should invariably indicate to the Complainant the name and address
of the 1st Appellate Authority, before whom the Complainant can file first-
appeal, if any.
3. In case the Complainant is not satisfied with the reply received from CPIO, he,
under section 19(1) of the RTI Act, may within the time prescribed, file his first-appeal
before the Appellate Authority (AA).
4. On receipt of the first appeal from the petitioner as per the above directions, AA
should dispose of the appeal within the period stipulated in the RTI Act.
5. In case the Complainant is not satisfied with the decision of First Appellate
Authority, he is at liberty to file a second appeal afresh before the Commission, under
section 19(3), along with appeal u/s 18, if any, within the prescribed time limit.
No.CIC/SS/C/2011/000708
The appeal/complaint is disposed of with above directions.
Sd/-
(Sushma Singh)
Information Commissioner
16.11.2011
Authenticated true copy:
(D.C. Singh)
Dy. Registrar
Copy to:
1. Mr. Yogesh Kumar,
Flat No.342, Akshar Dham Apartment,
Sector-19, Pocket-3, Dwarka,
New Delhi – 110075.
2. The P.I.O.,
Trade Marks Registry,
Intellectual Property Bhavan,
Near Antop Hill, Head Post Office,
S.M. Road, Antop Hill,
Mumbai – 400037.
   3. The First Appellate Authority,Â
Deputy Controller of Patents Designs & Trade Marks,
Trade Marks Registry,
Intellectual Property Office Building,
Plot No. 32, Sector – 14,
Dwarka, New Delhi – 110075.