In the ruling, the Delhi High Court emphasized that timelines are mandatory and cannot be waived, even in exceptional circumstances.
Background of the Case
The case arose from a trademark opposition filed by Sun Pharma Laboratories Ltd. against Dabur India Ltd. Sun Pharma had submitted its evidence within the prescribed two-month period; however, there was a delay of three days in serving the evidence to Dabur. The Registrar of Trade Marks deemed the opposition abandoned due to this delay. Sun Pharma appealed the decision, arguing that the filing was timely, and the delay in service should not result in abandonment.
Court’s Analysis
The Delhi High Court examined the evolution of the Trade Marks Rules, noting that previous versions allowed for discretionary extensions of time. However, under the 2017 Rules, such discretion has been removed, indicating a legislative intent to enforce strict adherence to timelines. The Court referred to Rule 100, which specifies that evidence must be filed within two months from the date of service of the counter-statement.
Conclusion
The Delhi High Court’s ruling serves as a clear reminder to stakeholders in the trademark domain about the critical importance of adhering to statutory timelines. With the removal of discretionary powers to extend deadlines, parties must exercise due diligence to comply with all procedural requirements within the stipulated timeframes.
Legal professionals and businesses are advised to stay informed about the implications of this judgment and ensure that all actions in trademark opposition proceedings are completed within the prescribed timelines to safeguard their interests.