IP Case Digest · Trade Marks

Practo Technologies Private Limited v. Registrar of Trade Marks, (T)CMA(TM) 212/2023

Case number
(T)CMA(TM) 212/2023
Date of judgment
Judge
N. Seshasayee
Outcome
Remanded

Headnote

A class was wrongly stated in the application and the Registry says it emailed a defect notice, treating the application as abandoned when the defect went uncured. The question was not whether the email was issued but whether any intimation of its despatch reached the applicant or its agent, a facility that did not exist when the order was passed. The benefit of the doubt went to the applicant.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside and the matter remanded to continue the proceedings.

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