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August 2, 2024

Special Legal Issues Seminar-General IP (SLIS-GIP) On “Is The Applicant Obligated To Serve The Counter-Statement Upon The Opponent In A Trade Marks Opposition Proceeding?”

Featuring: Anurathna Mathivanan and Nivrati Gupta

A ‘Special Legal Issues Seminar- General IP’ (SLIS-GIP) was conducted by Anurathna Mathivanan, Senior Associate and Nivrati Gupta, Associate, on “Is the Applicant obligated to serve the Counter-Statement upon the Opponent in a Trade Marks Opposition proceeding?”. The seminar discussed an aspect of the Delhi High Court’s decision in Sun Pharma v. Dabur India wherein the Court, in passing, observed that under the Trade Marks Rules, 2002 and Trade Marks Rules, 2017, onus of the service of Counter-Statement in an opposition proceeding is on the Applicant or at the very least, not a duty of the Registrar. The session attempted to dissect the implications of this observation made by the Court and the interpretation of Section 21(3) of the Trademark Act vis-à-vis the Trade Mark Rules.

The presentation can be accessed here.

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