Below is a complete legal news write-up and a comprehensive analytical legal article prepared strictly in the format, tone, and structure requested, based on the judgment in CMA(TM) No. 22 of 2025, Ace Food Products Pvt. Ltd. v. Modern Snacks Pvt. Ltd., decided by the Madras High Court on 10.02.2026.
Ace Food Products Pvt. Ltd. v. Modern Snacks Pvt. Ltd.
Date of Judgment: 10.02.2026 : Case No.: CMA(TM) No. 22 of 2025 : Neutral Citation: 2026:MHC:____ : Court: High Court of Judicature at Madras : Hon'ble Judge: Justice N. Anand Venkatesh
The court considered a dispute concerning the deemed abandonment of a trademark application during opposition proceedings under the Trade Marks Act, 1999. The case arose from allegations that the applicant’s affidavit of evidence was not filed in the prescribed manner and within the stipulated time, leading the Trade Marks Registry to treat the application as abandoned. The principal question before the Court was whether non-compliance relating to filing of affidavit of evidence could result in deemed abandonment of a trademark application.
After examining the material on record and the submissions of the parties, Justice N. Anand Venkatesh observed that the statute does not provide for deemed abandonment for procedural lapses in filing evidence and that such a drastic consequence cannot be imposed through subordinate legislation. The Court held that Rule 46(2) of the Trade Marks Rules, 2017 cannot override Section 21 of the Trade Marks Act, 1999, emphasizing that procedural defects should not defeat substantive rights. Accordingly, the Court allowed the appeal, set aside the impugned order of the Registrar of Trade Marks, and directed that the trademark application be proceeded with in accordance with law after granting due opportunity to both parties.
Disclaimer: Readers are advised not treat this as a substitute for legal advise as it is based on limited information and is intended solely for general informational purposes.
Analytical Legal Article
Introduction
Trademark law plays a vital role in protecting brand identity and commercial goodwill. The decision of the Madras High Court in Ace Food Products Pvt. Ltd. v. Modern Snacks Pvt. Ltd. assumes significance as it clarifies the limits of procedural rules in trademark opposition proceedings and reinforces the principle that substantive rights cannot be defeated by procedural technicalities. The judgment is particularly relevant for trademark applicants, businesses, and intellectual property practitioners who frequently encounter delays and procedural objections before the Trade Marks Registry.
Factual and Procedural Background
The dispute arose out of opposition proceedings concerning a trademark application filed by Ace Food Products Pvt. Ltd. After the application was opposed, the applicant filed its affidavit of evidence in support of the application on 01.06.2020. However, the affidavit was not signed and attested, though the applicant expressly stated its undertaking to file a duly signed and attested affidavit when directed.
For a prolonged period, no communication or notice was issued by the Trade Marks Registry calling upon the applicant to rectify the defect. The proceedings remained inactive until the applicant moved an application for expediting the matter. Thereafter, the Registry revived the proceedings and, without addressing its own inaction, rejected the trademark application on 04.07.2025 on the ground of deemed abandonment under Rule 46(2) of the Trade Marks Rules, 2017.
Aggrieved by this decision, the applicant preferred an appeal before the High Court under the Trade Marks Act, 1999.
Dispute Before the Court
The central issue before the Court was whether failure to file a signed and attested affidavit of evidence within the prescribed period could result in deemed abandonment of a trademark application. The applicant contended that the Trade Marks Act, 1999 does not contemplate abandonment for defects in filing evidence and that Rule 46(2), to the extent it prescribes such a consequence, is ultra vires the Act. The respondent and the Registry justified the rejection by relying upon the literal wording of Rule 46(2).
Reasoning and Analysis of the Court
The Court undertook a detailed examination of Section 21 of the Trade Marks Act, 1999, which governs opposition proceedings. It noted that deemed abandonment is expressly provided only in relation to failure to file a counter-statement under Section 21(2). In contrast, Section 21(4), which deals with filing of evidence, does not prescribe abandonment as a consequence of non-compliance.
The Court further referred to Section 132 of the Act, which provides a specific mechanism for treating an application as abandoned due to default, only after issuance of notice and grant of opportunity to the applicant. The absence of any such notice in the present case was held to be fatal.
While examining Rule 46 of the Trade Marks Rules, 2017, the Court held that subordinate legislation cannot override the parent statute. It observed that Rule 46(2), if interpreted to result in deemed abandonment of the entire application, would be inconsistent with the Act and therefore ultra vires. The Court adopted the principle of “reading down” the rule and held that at best, non-compliance with Rule 46(1) could lead to forfeiture of the right to adduce evidence, but not abandonment of the application itself.
The Court also took note of the factual conduct of the Registry, emphasizing that its prolonged inaction and failure to issue any corrective notice could not be used to penalize the applicant. The signed affidavit subsequently filed was held to be a formal continuation of the affidavit already placed on record, especially since the contents remained unchanged and the original deponent had passed away in the interim.
Final Decision of the Court
The High Court allowed the appeal and set aside the order dated 04.07.2025 passed by the Registrar of Trade Marks. The matter was remanded with a direction to proceed with the trademark application in accordance with law after affording due opportunity to both parties. The Registry was directed to pass final orders within six months.
Point of Law Settled
The judgment conclusively settles that non-filing or defective filing of affidavit of evidence in trademark opposition proceedings cannot result in deemed abandonment of the trademark application unless such consequence is expressly provided under the Trade Marks Act, 1999. Procedural rules must yield to substantive statutory provisions, and procedural lapses can at most result in loss of the right to lead evidence, not forfeiture of substantive rights.
Case Details:
Title of the Case: Ace Food Products Pvt. Ltd. Vs. Modern Snacks Pvt. Ltd.
Date of Judgment/Order: 10.02.2026
Case Number: CMA(TM) No. 22 of 2025
Neutral Citation: 2026:MHC:____
Name of Court: High Court of Judicature at Madras
Name of Hon'ble Judge: Justice N. Anand Venkatesh
Written By:
Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: Images used herein do not reflect actual images used in Judgement and that the same are for illustrative purpose only. Readers are advised not to treat this as substitute for legal advice as it may contain errors in perception, interpretation, and presentation.
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Headnote of the Judgment:
Ace Food Products Pvt. Ltd. v. Modern Snacks Pvt. Ltd., Madras High Court, CMA(TM) No. 22 of 2025, decided on 10.02.2026. Appeal against order of the Registrar of Trade Marks treating a trademark application as abandoned for alleged non-compliance with Rule 46 of the Trade Marks Rules. The Court held that failure to file affidavit of evidence in prescribed form cannot result in deemed abandonment under the Trade Marks Act, 1999. Rule 46(2) was read down to avoid conflict with the Act. Impugned order set aside and matter remanded for fresh consideration.
Infographic Thumbnail Prompt:
Create a professional legal YouTube thumbnail featuring a courtroom background with the words “Trademark Abandonment Explained” in bold text. Include visual elements such as a trademark symbol, legal scales, and a document stamp marked “Not Abandoned”. Use a serious legal color tone like navy blue and gold. At left bottom corner include an image of a lawyer in traditional lawyer’s dress representing authority and expertise. Use attached image as Image of lawyer in lawyers dress at left bottom corner which should cover 20 % of entire image area.
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