John Vadassery v.The Registrar Of Trademarks
Kerala High Court
The petitioner, a trademark agent registered under the Trade Marks Act, 1999, filed a writ petition challenging the Trade Marks Registry's practice of insisting that authorisations filed by trademark agents under Section 145 of the Act be stamped as powers of attorney. The petitioner contended that the statutory framework only requires a simple authorisation, not a stamped power of attorney, while the respondents argued that the long-standing practice of accepting stamped powers of attorney was necessary. The Kerala High Court examined the provisions of Section 145 of the Act and Rule 19 of the Trade Marks Rules, 2017, and considered whether the Registrar of Trade Marks, being an officer of the Central Government and not a court or tribunal, could insist on stamp duty being paid on such authorisations.
