Case Note & Summary
The petitioner, Sardar Gurudas Singh Bedi, trading as Volga Confectionary Works, sought to oppose the registration of the trademark 'Volga Ice Cream' by respondent No. 6. The advertisement for registration was published in the Trade Marks Journal on 1.6.2005 and made available to the public on 4.10.2005. The stipulated period for filing opposition under Section 21 of the Trade Marks Act, 1999 was three months from the date of advertisement, i.e., on or before 1.1.2006. The petitioner filed Form TM-44 on 3.1.2006, which was presented on 6.1.2006, beyond the prescribed period. The Registrar refused to accept the opposition as it was filed after the expiry of the limitation period. The petitioner challenged this refusal by way of a writ petition. The court considered the language of Section 21, which provides that any person may give notice of opposition within three months from the date of advertisement or re-advertisement, or within such further period not exceeding one month as the Registrar may allow on application. The court held that the provision is exhaustive and does not confer any power on the Registrar to condone delay beyond the aggregate period of four months. The petition was dismissed as without merit, and the rule was discharged.
Headnote
A) Trade Marks Act, 1999 - Section 21 - Opposition to Registration - Limitation Period - The period of three months from the date of advertisement or re-advertisement for filing opposition is mandatory, and the Registrar may allow a further period not exceeding one month on application. No power exists to condone delay beyond this aggregate period of four months. Held that the Registrar correctly refused to accept the opposition filed after the expiry of the statutory period. (Paras 1-3) B) Trade Marks Act, 1999 - Section 21 - Interpretation - Exhaustive Provision - The language of Section 21 is clear and exhaustive, providing a specific time frame and a limited extension. The court cannot read into it any power to condone delay beyond the prescribed period. Held that the petition challenging the refusal is without merit. (Paras 2-3)
Issue of Consideration
Whether the Registrar of Trade Marks has the power to entertain an opposition to registration filed beyond the period of three months from the date of advertisement or re-advertisement, or within such further period not exceeding one month as the Registrar may allow, under Section 21 of the Trade Marks Act, 1999.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Limitation period for filing opposition to trademark registration is mandatory
- Registrar has no power to extend time beyond the statutory period of three months plus one month
- Section 21 of Trade Marks Act
- 1999 is exhaustive and does not permit condonation of delay beyond the prescribed period
