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.