Aman Engineering Works Vs Registrar of Trademarks

Judgement date:04.11.2022

IPD Civil Revision :CM M IPD No. 5 of 2021

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Navin Chawla H.J.

Case Title: Aman Engineering Works Vs Registrar of Trademarks 

The subject matter Civil Revision Petition was filed against Order dated 07.01.2020 passed by the

Senior Examiner of Trade Marks , Delhi in TM-M review Petition in relation to Trademark application

under No. 631248 for the Trademark RITE KRANTI where by the said review petition was allowed.

The fact of the case was that the Respondent No.2 filed review petition on the ground that

though Examination Report has been received, however no hearing notice was received.

Because of the same , the Respondent No.2 could not attend the hearing , resulting in

abandonment of the subject matter Trademark.

It was this order of abandonment, which was allowed by the Respondent No.1 in the review 

petition filed by the Respondent No.2 beyond the prescribed period.

The Hon'ble High Court of Delhi was pleased to set aside the order passed by the Registrar of

Trademark by observing that Section 131 of Trade Marks 1999 can not be invoked to extend

the time limit of one month prescribed for filing the review petition.

Section 127(c) of the Trade Marks Act 1999 and Rule 119 of Trade Marks Rule prescribed

one month of time, which time has been held to be mandatory by the Hon'ble High Court Delhi.

As in the present case, the review petition was filed after inordinate delay, the allowance of the

review petition by the Respondent No.2 was held to be wrong and accordingly set aside.

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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