IP Case Digest · Trade Marks

Shenzhen Hottech Electronics Co. Ltd. v. Controller General of Patents, Designs and Trade Marks (C.A.(COMM.IPD-TM) 50/2024)

Case number
C.A.(COMM.IPD-TM) 50/2024
Date of judgment
Judge
Mini Pushkarna
Outcome
Remanded

Headnote

Refusal of a device mark set aside and the matter remanded. The show cause hearing notice bore no proper dispatch date and was never served, the appellant learning of it only on the day of the hearing during a routine follow-up, and its letter raising that grievance was not considered before the refusal issued. The Court held that principles of natural justice demand a right of hearing unless excluded by law, and that no person is to be condemned unheard. The respondent fairly agreed that a hearing should be given.

Also listed as

  • Shenzhen Hottech Electronics Co. Ltd. v. Controller General of Patents, Designs and Trade Marks (C.A.(COMM.IPD-TM) 51/2024)

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice.