Asustek Computer Incorporation v. the Registrar of Trade Marks
Trade Marks – Opposition – Dismissal in default – Non-service of virtual hearing link on opposer
Case brief
What is this about?
Asustek Computer Incorporation v. The Registrar of Trade Marks, Commercial Miscellaneous Petition No. 50 of 2025, High Court of Bombay, Commercial Division (Arif S. Doctor, J., 17 November 2025). Trade mark opposition (Notice No. 1047402) against TM Application No. IRDI3994059 dismissed in default because the Trade Mark Registry omitted to send the virtual hearing link to the opposer; Registry's email conceded the inadvertence and consented to remand. Court held natural justice was violated for no fault of the petitioner, set aside the order dated 30 May 2024, reinstated the opposition, and remanded for fresh hearing with all contentions (including alleged co-existence of marks and petitioner's alleged lack of diligence) kept open. Useful on: denial of opportunity of hearing before Trade Mark Registry, dismissal in default, remand for fresh consideration, natural justice.
What did the court decide?
Petition disposed of in terms of prayer clauses (c) and (d): the impugned order dated 30 May 2024 is set aside; the Petitioner's Notice of Opposition bearing No.1047402 is reinstated; the opposition hearing(s) are to be rescheduled with proper issuance and communication of hearing notice(s) and virtual hearing link(s); the matter stands remitted to the Trade Mark Registry for fresh consideration with all contentions of Respondent No.2 kept open.