Trademark and Legal Principles

Trademark and Legal Principles 

      ITC Limited v. Deputy Registrar of Trade Marks [2024] GCtR 2907 (Delhi)

It was held that time limits prescribed under the Trade Marks Rules,2002 / Trade Marks Rules, 2017 are mandatory, and in consonance with the necessity for strict timelines. An extrapolation of this principle must also logically apply to Rule 53 of the 2002 Rules (now Rule 48 of the 2017 Rules). The inflexible and inductile quality ascribed to the Rules for filing evidence in support of opposition cannot suddenly evaporate and dissipate when applying Rule 53 in a residual situation. While Rules 50-52 do not invite elasticity, it is difficult to accept that Rule 53 would. Rule 53 is prefaced by the phrase - “no further evidence shall be left on either side” - which exemplifies a situation that has truly precipitated. The phrase is followed by a “but” which is followed by a provision of a residual power ofthe Registrar to allow either party to leave evidence.