In a much-lauded decision, Justice J. R. Midha of the Delhi High Court has made it easier and quicker for applicants to appeal a decision of the Registrar of Trade Marks arising from a refusal or partial acceptance of a trademark.
This decision arises from a writ petition (Intellectual Property Attorneys Association v. Controller General of Patents, Designs, Trade Marks & Anr) that challenged the non-speaking orders passed by the Registrar of Trade Marks while refusing trademark applications. The petitioner, Intellectual Property Attorneys Association (IPAA), argued that such orders were in violation of Section 18(5) of the Trade Marks Act, 1999 (“the TM Act”).
ABOUT THE AUTHOR
Latha Nair
Latha Nair is a Partner with K&S Partners and has over 27 years of experience in the domains of copyright, trademark, and geographic indications.