Delhi High Court - Orders
Dr. Reddys Laboratories Limited vs Controller General Of Patents Designs ... on 10 March, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:10.03.2022
21:36:35
$~1, 18 & 19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C)-IPD 4/2022 & CM No. 27/2022
DR. REDDYS LABORATORIES LIMITED ..... Petitioner
Through: Mr. Ranjan Narula and Mr. Shashi P.
Ojha, Advocates. (M:9891584230)
versus
CONTROLLER GENERAL OF PATENTS DESIGNS AND
TRADEMARKS ..... Respondent
Through: Mr. Harish Vaidyanathan Shankar,
CGSC, Ms. S.Bushra Kazim, Mr.
Srish Kumar Mishra, Advocates for
R-1 (M: 9810788606)
Mr. Sachin Sharma, Deputy Registrar
Mr. Juneja, Assistant Registrar
Mr. Neeraj Grover, Advocate
18 WITH
+ W.P.(C)-IPD 88/2021 & CM No. 31/2021
TERRACE PHARMACEUTICALS PVT. LTD. ..... Petitioner
Through: Mr. Mohan Vidhani, Mr. Rahul
Vidhani & Ms. Elisha Kumari,
Advocates (M: 9811545888)
versus
THE CONTROLLER GENERAL OF PATENTS, DESIGNS AND
TRADE MARKS & ANR. ..... Respondent
Through: Mr. Harish Vaidyanathan Shankar,
CGSC, Ms. S.Bushra Kazim, Mr.
Srish Kumar Mishra, Advocates for
R-1
Mr. Sachin Sharma, Deputy Registrar
Mr. Juneja, Assistant Registrar
19 AND
+ W.P.(C)-IPD 103/2021
W.P.(C)-IPD 4/2022 & other connected matters Page 1 of 4
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:10.03.2022
21:36:35
PARVESH KAMBOJ ..... Petitioner
Through: Mr. Amarjeet Kumar, Advocate
versus
THE CONTROLLER GENERAL OF PATENTS AND
TRADEMARKS & ORS. ..... Respondents
Through: Mr. Davesh Vashishtha, Advocate for
R-3
Ms. Venuka Kumaria, Advocate for
R-2
Mr. Sachin Sharma, Deputy Registrar
Mr. Juneja, Assistant Registrar
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 10.03.2022
1. This hearing has been done through hybrid mode.
2. Vide the previous order dated 4th March, 2022, a senior official from the office of the Registrar of Trademarks was required to be present in Court to assist the Court, as the question herein concerns reopening of the limitation period for filing of oppositions to a trademark application, in view of the orders passed by the Supreme Court in Suo Moto Writ (Civil) No. 3 of 2020 titled In Re: Cognizance for Extension of Limitation.
3. Today, Mr. Harish Vaidyanathan, ld. CGSC, has appeared along with two officers, Mr. Sachin Sharma, Deputy Registrar of Trademarks & GI and Mr. Juneja, Assistant Registrar of Trademarks. Ld. CGSC under instructions from the officials submits that during the period from 24 th March, 2020 to 28th February, 2022, the office of the Trademark Registry was functioning fully. The online portal was completely open during this period and more than 1 lakh oppositions have been filed, within limitation, during this period through online mechanism. It is also submitted that during this period, more W.P.(C)-IPD 4/2022 & other connected matters Page 2 of 4 Signature Not Verified Digitally Signed By:Devanshu Signing Date:10.03.2022 21:36:35 than 4 lakh trademark certificates have been issued by the Trademark Registry to various applicants/trademark owners against whom no oppositions were filed. It is, thus, submitted by Mr. Vaidyanathan that a large number of trademark proprietors could be adversely impacted if the window is opened for filing of oppositions in such a belated manner. Moreover, according to him Section 21 of the Trademarks Act, 1999, makes it clear that the only period available for filing of oppositions, is a total period of four months.
4. Ld. counsels appearing before the Court have brought to the notice of the Court, the order dated 10th January, 2022 passed by the Supreme Court in Suo Moto Writ (Civil) No. 3 of 2020 titled In Re: Cognizance for Extension of Limitation, which according to them would apply to all periods of limitation, prescribed under general and special laws and in respect of all judicial and quasi-judicial proceedings.
5. Considering the nature of the matter, let a short affidavit be placed on record by the office of the Registrar of Trademarks, giving the following information:
i. The total number of oppositions filed between the period 24 th March, 2020 to 28th February, 2022.
ii. Total number of registration certificates issued to proprietors between 24th March, 2020 to 28th February, 2022. iii. Total number of journals which have been published for which the limitation period for filing oppositions would have expired after 15th March, 2020.
6. Let this affidavit be placed before the Court by the office of the Registrar of Trademarks on the next date, i.e., 16th March, 2022.
W.P.(C)-IPD 4/2022 & other connected matters Page 3 of 4 Signature Not Verified Digitally Signed By:Devanshu Signing Date:10.03.2022 21:36:357. List on 16th March, 2022.
8. On the said date, let the officials from the office of the Registrar of Trademarks present in Court today, also be present, either virtually or physically.
PRATHIBA M. SINGH, J.
MARCH 10, 2022/Aman/MS W.P.(C)-IPD 4/2022 & other connected matters Page 4 of 4