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november 2013

Supreme Court of India · 2013-11-27

Lakha Ram Sharma vs Balar Marketing P.Ltd.& Ors

Citation / case number
AIR 2014 SUPREME COURT 518
Court
Supreme Court of India
Petitioner
Lakha Ram Sharma
Respondent
Balar Marketing P.Ltd.& Ors
Author
A.K. Sikri
Bench
A.K. Sikri, K.S. Radhakrishnan

Judgment text excerpt

The Supreme Court held that the Intellectual Property Appellate Board (IPAB) has exclusive jurisdiction over rectification petitions under the Trade and Merchandise Marks Act, 1958, particularly under Sections 46 and 56. The Court affirmed the IPAB's dismissal of the Rectification Petition on grounds of delay, as it was filed approximately 10 years after the registration of the trademark by Respondent No. 1. The Court emphasized that the appellant's initial filing in the Delhi High Court was invalid due to lack of territorial jurisdiction, thus upholding the IPAB's decision.

Lakha Ram Sharma vs Balar Marketing P.Ltd.& Ors · Niyam