Supreme Court of India · 2016-01-20
JAGATJIT INDUSTRIES LIMITED vs THE INTELECTUAL PROP APPELLATE BD.
- Citation / case number
- SC 2009/15381
- Court
- Supreme Court of India
- Petitioner
- JAGATJIT INDUSTRIES LIMITED
- Respondent
- THE INTELECTUAL PROP APPELLATE BD.
- Author
- R.F. Nariman
- Bench
- ROHINTON FALI NARIMAN KURIAN JOSEPH
Judgment text excerpt
The Supreme Court ruled that under Section 57(4) of the Trade Marks Act, 1999, the Registrar has the authority to rectify the register of trademarks if a registration has been wrongly granted. The Court held that the appellant's trademark 'BLENDERS PRIDE' was registered despite an ongoing opposition by the respondent, which constituted a procedural error. Consequently, the Court upheld the decision of the Intellectual Property Appellate Board to rectify the trademark registration in favor of the respondent, thereby reinforcing the importance of adhering to opposition procedures in trademark registration.