rectification Archives

Unilateral cancellation of registered trade mark by Registrar Without Rectification Proceedings is illegal: Madras High Court

“If this certificate has to be cancelled for any reason, the appellant ought to have been put on notice and an opportunity must have been given to the appellant, failing which, such cancellation will be construed as a nullity in the eye of law.”

Case Briefs High Courts

‘Vapo’ is descriptive and publici juris: Madras High Court rejects Vicks Vaporub’s claim of deceptive similarity with VAPORIN

“The term VAPO is merely an abbreviation of the word vapour and it is descriptive and common to the trade and nobody can claim exclusive right to use any abbreviation, which has become publici juris.”

Case Briefs High Courts

Obligation to stay proceedings in contingencies spoken of in S.124(1) of the Trade Marks Act does not stand obviated consequent to abolition of IPAB: Delhi High Court

Notwithstanding the abolition of IPAB and the power of rectification reverting to the High Court, a Trial Judge would have to stay in its hands once it is apprised of pendency of a rectification.

Case Briefs High Courts

Delhi High Court rules on the application of S. 124 Trade Marks Act, 1999 and the standards of pleadings required to satisfy the ingredients of the provision

Delhi High Court: In an application filed by the plaintiff seeking permission to file rectification/cancellation petition against registrations of Defendant’s

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | If the issue was not argued during hearing and while dictating the order in the open court, can it be raised later for rectification? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ashok Jindal (Judicial Member) and P.V. Subba Rao (Technical Member) dismissed

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | NCLT has jurisdiction to deal with all issues pertaining to rectification of register of members, and questions incidental and peripheral thereto

National Company Law Appellate Tribunal (NCLAT): A Coram of Justice A.I.S Cheema (Judicial Member) and Justice Balvinder Singh (Technical Member) set aside

Case Briefs Tribunals/Commissions/Regulatory Bodies

Application under Section 7 of I&B Code is to be rejected only after giving opportunity to rectify defect

National Company Law Appellate Tribunal: Order of the Adjudicating Authority rejecting the application filed by the petitioners under Section 7 of the