Rishabh Jain vs The Registrar Of Trade Marks And Anr on 1 March, 2023
In Rishabh Jain (supra), a similar controversy came before the
Coordinate Bench of this Court where the question arose whether or not the
Notice of Opposition filed under Section 21 of the Act read with Rule 42 of
the Trade Mark Rules was served upon the petitioner. The petitioner therein
contended that the email address on which the Notice of Opposition was
served was not correct. After examining the records of the case, the
Coordinate Bench came to the finding that the petitioner had not received
the opposition at the e-mail address specified in the Form filed with the
opposition. In view thereof, the impugned order therein was set aside and
the appeal was allowed.