Short Summary
The appeal challenged the rejection of an application (No. 5547423) by the Registrar of Trade Marks on the ground that it was deemed abandoned due to non-filing of a counter statement against opposition No. 1323716. The appellant argued they were never properly served with the notice of opposition, as proof of actual receipt via email was lacking. The Court held that without proof of actual receipt, the time limit for filing the counter statement does not run, and consequently, the application cannot be deemed abandoned.
Detailed Summary
of the Paris Local Division of the Unified Patent Court concerning a request for extension of time filed by the Bosch defendants. The judge-rapporteur rejected Bosch's request, finding that a non-redacted version of Valeo's 15 June 2026 filing had been deposited in the CMS simultaneously with the redacted version, and that Bosch had failed to exercise due diligence in accessing it. The court ruled that the deadlines under R.29(d) RdP run from 15 June 2026.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Madras High Court. Understanding the court's reasoning in Amara Raja Energy And Mobility Limited vs The Registrar of Trade Marks is valuable context for structuring arguments or assessing risk in similar proceedings.
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