IP Case Digest · Trade Marks

Medicon EG Chirugiemechaniker-Genossenschaft v. The Registrar of Trade Marks & Anr., C.A.(COMM.IPD-TM) 59/2021

Case number
C.A.(COMM.IPD-TM) 59/2021
Date of judgment
Judge
Sanjeev Narula
Outcome
Set aside

Headnote

An opposition deemed abandoned for want of evidence was restored, and the registration that had followed in the meantime was cancelled. The opponent had never been served with the detailed grounds of the counter statement, only the form, and a counter statement supplied without its grounds does not comply with the Rules. The Registry's own internal noting had acknowledged that the attorney's email address was wrongly recorded and had directed fresh service.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside, the opposition restored to its original number, and registration of the applicant's trade mark cancelled.

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