Kaira District Cooperative Milk Producers Union Ltd. v. the Registrar of Trade Marks & Anr.
Case brief
What is this about?
Rule 45(1) Trade Marks Rules 2017; limitation commences from date of actual service of notice; evidence in support of opposition filed within two months of e-mail service; dismissal of trade mark opposition set aside; Opposition No. 1298974; T.M application 4674348 Class 30 'DOODH'; time-bound hearing and decision of opposition; no adjournments; cancellation of Respondent No. 2's registration allowed; registry record update; merits left to Registrar; Kaira District Cooperative Milk Producers Union Ltd v Registrar of Trade Marks; Delhi High Court IPD-TM appeal 2025.
What did the court decide?
Appeal allowed and all reliefs granted: impugned order dated 24.04.2025 set aside; Appellant's Opposition No. 1298974 revived and remanded to the Registrar of Trade Marks for hearing and decision within two (2) months (hearing notice preferably within two weeks; no adjournments); Respondent No. 2's trade mark registration no. 4674348 in Class 30 cancelled per prayer clause (d), with the Trademark registry directed to update its record within two (2) weeks; pending applications disposed of; merits of the opposition expressly left open to the Registrar.