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he Registrar while appearing in proceedings under Section 98

Raj Kumar Makkad ,
  11 March 2010       Share Bookmark

Court :
Delhi High Court
Brief :
Intellectual Property Rights - Trademarks - Application for rectification of registration of trademark - Appearance of Registrar in legal proceedings - Content of deposition or statement made by Registrar or his duly authorised subordinate - Scope thereof - Section 98 of Trademarks Act, 1999.
Citation :
Mount Everest Mineral Water Ltd. v. Bisleri International Pvt. Ltd. and Ors. (Decided on 22.02.2010) MANU/DE/0410/2010
Held, the appearance or statement as the case may be could be for the purposes of explaining matters with particular reference to the case in which the application for rectification is filed or it could be about the general practice followed by the Trade Marks Registry. Where his opinion on the general practice of the Trade Marks Registry is sought, he is expected to depose on such practice de hors the lis between the parties. The Registrar while appearing in proceedings under Section 98 TM Act 1999 will remain neutral and objective. In the instant case, the contents of the statement made by the Senior Examiner indicate that it was not confined to the record of the case or to the general practice of the Trade Marks Registry in like cases. It went far beyond. Therefore, statement dated 9th September 2008 of the Senior Examiner is directed to be taken off the records of the three rectification applications. Writ petition is accordingly allowed.
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