Case Note & Summary
The case involved three appeals by Infosys Technologies Limited against an order by the Intellectual Property Appellate Board (IPAB) that removed its trademark 'Infosys' from the register. Infosys, incorporated in 1981, registered the trademark in 1987 and 1988 for various goods. The first respondent, Jupiter Infosys Limited, sought rectification of these registrations, claiming non-use by Infosys. The IPAB ruled in favor of Jupiter, stating that Infosys had not used the trademarks for over five years. Infosys contested this, arguing that Jupiter was not an aggrieved person and that the IPAB erred in its findings regarding non-use. The Supreme Court analyzed the definition of 'aggrieved person' under the Trade Marks Act, emphasizing that the grievance must exist at the time of the decision. The court found that the IPAB did not adequately consider whether Jupiter remained an aggrieved party, especially after it changed its name and claimed no dispute existed. Consequently, the Supreme Court set aside the IPAB's order and directed a fresh hearing on the matter, allowing the appeals in part.
Headnote
A) Trademark Law - Aggrieved Person - Definition and Requirements - Trade Marks Act, 1958, Sections 46, 56 - The court held that an applicant must demonstrate ongoing grievance to be considered an aggrieved person for trademark rectification. The IPAB must ensure that the applicant's grievance persists at the time of decision, not just at the application date (Paras 26-34).
Issue of Consideration
Whether the first respondent is an aggrieved person entitled to seek rectification of the appellant's trademark registrations.
Final Decision
The Supreme Court allowed the appeals in part, set aside the IPAB's order, and directed a fresh hearing of the rectification applications by the IPAB.
Law Points
- Trademark registration
- aggrieved person
- non-use of trademark
- rectification of trademark
- Trade Marks Act
- 1958
- 1999
