Executive Summary
The Madras High Court allowed a writ petition filed by N.C.Nanu, whose trademark application for 'PAYYOLI MIXTURE' was deemed abandoned by the Registrar of Trade Marks. The court held that the petitioner had complied with Section 21(2) of the Trademarks Act, 1999, as the initial counter statement was filed within the stipulated two-month period from receiving the notice of opposition. The High Court quashed the abandonment order and directed the Registry to consider the application on its merits.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Madras High Court. Understanding the court's reasoning in N.C.Nanu vs The Registrar of Trade Marks is valuable context for structuring arguments or assessing risk in similar proceedings.
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