Pidilite Industries Limited vs Dubond Products India Private Limited on 21 May, 2024
93. The reliance by the Defendant on the judgment of the
Division Bench of the High court in Apollo Parker Construction
Equipments Pvt. Ltd. (Supra) is a misplaced reliance. In that case, the
Plaintiff's trade mark opposition against the Defendant's mark was
filed and then subsequently withdrawn by the Plaintiff, and thereby
allowing the Defendant's mark to proceed to registration. It is in that
context, the Court held that the Plaintiff having withdrawn the
opposition proceedings cannot later contend that the Defendant's
registration was invalid or that there was no acquiescence. The
withdrawal of the opposition proceedings in that matter was the
'positive act' as contemplated by the law of acquiescence. This is
contrasted with the present case where there is no positive act of any
nature whatsoever and therefore, the decision of the Gujarat High
Court will have no application in the present matter.