FMCG|Automotive — India Patent Cases
2 decisions indexed
Page 1 of 1 · 2 total
Black Diamond Motors Pvt Ltd v.Registrar Of Trade Marks, Mumbai and Black Diamond Track Parts Pvt. Ltd.
This statutory appeal under Section 91 of the Trade Marks Act, 1999 challenged an order of the Registrar of Trade Marks, Mumbai, which allowed the rectification applicant to file an evidence affidavit under Rule 45 of the Trade Marks Rules, 2017 despite a delay of over three years. The core legal issue was whether the deadline stipulated in Rule 45 for filing an evidence affidavit is mandatory or directory. The Bombay High Court held that the deadline is directory and not mandatory, disagreeing with the Delhi High Court's decisions in Sun Pharma and Mahesh Gupta, and instead endorsing the view expressed by the IPAB in Sahil Kohli. The petition was dismissed and the Impugned Order was upheld, with no costs awarded.
Black Diamond Motors Pvt Ltd v.Registrar Of Trade Marks, Mumbai and Black Diamond Track Parts Pvt. Ltd.
The Bombay High Court upheld an order allowing an extension of time for filing an evidence affidavit in a trademark rectification proceeding, despite a delay of over three years. The court held that the deadline under Rule 45 of the Trade Marks Rules, 2017 is directory, not mandatory. The case involved a dispute between two factions of the same family over the use of the 'Black Diamond' name in their respective businesses.
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