Manish Aggarwal Vs Registrar of Trademarks

DATE OF JUDGEMENT: 07.07.2022
CASE: W.P.(C)-IPD 10/2021
NAME OF HON'BLE COURT: High Court of Delhi
NAME OF HON'BLE JUDGE: The Honourable Justice Prathiba M Singh
CASE TITLE: Manish Aggarwal Vs Registrar of Trademarks

The Subject Matter writ Petition was filed against order dated 26.02.2020 where by evidence in support of opposition filed by the Opponent was taken on record by the Registrar of Trademark.

The Petitioner herein is the applicant in the Notice of opposition proceeding, while Respondent No.1 is the Opponent.

The counter statement is stated to have been served upon Opponent on 7th June, 2019 by the Petitioner herein. 

Hence as per the provision of the Trademarks Rules, the Opponent ought to have filed evidence in support of notice of opposition by 7th August, 2019.

Thought the Opponent stated that the same filed notice of opposition by 05.08.2019 however the same was received in office on 13.07.2019. The Petitioner was not provided with the copy of the same. Hence the Petitioner did not file evidence in support of application.

Subsequently the Petitioner came to know that the notice of opposition was taken on record. The Hon,ble High Court of Delhi , vide its order dated 07.07.2022 was pleased to take on record the Opponent's notice of opposition. However the Petitioner was granted Liberty to file rebuttal evidence.

Ajay Amitabh Suman, IPR Advocate
Hon'ble High Court of Delhi
ajayamitabh7@gmail.com
9990389539