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january 2016

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.

JAGATJIT INDUSTRIES LIMITED vs THE INTELECTUAL PROP APPELLATE BD. · Niyam