- Case number
- WP(C) No. 42552 of 2018
- Court
- Kerala High Court
- Date of judgment
- Judge
- Murali Purushothaman
- Outcome
- Set aside
Headnote
Forty-seven applications treated as abandoned under section 132 for failure to answer examination reports, and all of those orders set aside. The Court held that merely posting the examination report on the Registry's website is not communication of the objection in writing as Rule 33 requires, following the Bombay Division Bench in Institute of Cost Accountants of India v. Registrar of Trade Marks: nothing obliges an applicant to inspect the website, daily or at all. The Registry said the reports had gone by email, but a typed sheet of dispatch details is not conclusive proof of communication and there was no evidence of receipt. Abandonment is an extreme step to be taken only in unavoidable circumstances and after due communication of the default, and where there has been no communication the Registry cannot answer that a hearing is available only on request.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.