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Sun Pharma Laboratories Ltd. V/s Dabur India Ltd. & Anr.



The Hon’ble Delhi High Court, in an appeal filed by Sun Pharma Laboratories Ltd (“Sun Pharma”) against order of the learned Registrar of Trade Marks to abandon Sun Pharma’s opposition, ruled that under the old rules, the obligation to serve the evidence on the other side, was on the Registry and not on the opponent/applicant. Accordingly, any application/opposition cannot be ordered to be abandoned by reason of non/delayed service of evidence on the other side by respective parties.

 

The brief fact of the case is that, in an opposition initiated under the old rules, while the Sun Pharma has filed its evidence within the prescribed timeline, it had served a copy of the same on the applicant, Dabur India Ltd (“Dabur”), only with a delay of three (3) days. Sun Pharma, subsequently filed a request to seeking extension of time and requesting the learned Registrar to take Sun Pharma’s evidence on record. The learned Registrar, however, rejecting Sun Pharma’s request, ruled that the time limit prescribed under the rules being non-extendible, the evidence served on Dabur is time-barred, and accordingly, ordered the opposition to be deemed to be abandoned.

 

Aggrieved by the order, Sun Pharma preferred the instant appeal. As regards Sun Pharma’s request seeking extension of time, the Court ruled that time limits prescribed under the rules are mandatory in nature and under the now repealed or Trade Marks Rules 2002 or Trade Marks Rules 2017, the learned Registrar has no discretion to grant such extension. The Court, however, noted that, while Sun Pharma had filed its evidence within the statutory deadline, it was only after a delay of three (3) days, that the evidence was served on Dabur. In this regard, the Court ruled that, under the old rules, the obligation to serve the evidence on the other side, was on the Registry and not on the opponent/applicant. The Court, accordingly, re-instated the opposition and directed the learned Registrar to decide the opposition on merit and pass appropriate order.


Judgement Docs can be accessed here, https://shorturl.at/dBKSW


SUN PHARMA LABORATORIES LTD. V/s DABUR INDIA LTD. & ANR. C.A.(COMM.IPD-TM) 146/2022

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