IP Case Digest · Trade Marks

Filatex-VCT Pvt Ltd v. The Registrar of Trademarks & Anr., (T)CMA(TM) 63/2023

Case number
(T)CMA(TM) 63/2023
Date of judgment
Judge
Senthilkumar Ramamoorthy
Outcome
Set aside

Headnote

A Form TM-16 to amend the applicant's name in opposition proceedings was rejected only because it came about five years after the company was formed. The amendment was largely consequential to the transfer of the partnership firm's assets, including the mark, and its liabilities to the company, and should not have been refused on delay alone.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside and the appellant permitted to carry out the amendment in the opposition proceedings.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.