Mvs Eduexcellence Pvt Ltd. vs The Registrar Oftrademarks, Delhi on 6 February, 2023
21. Mr. Sai Deepak submits that, if Rule 37 of the Rules is read in
conjunction with Rule 25(1)15 thereof, it is manifest that it was
incumbent on the Dy RTM to call for a fresh user affidavit before
allowing the amendment as sought in the application dated 13
December 2018, as it amounted to a substantial alteration in the mark.
He relies, for this purpose, on the judgment of one of us, rendered
sitting singly, in MVS Eduexcellence Pvt Ltd v. Registrar of
Trademarks16. The failure to file a fresh user affidavit, he submits,
violated the mandate of the Rules.