Comparative Guides

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4. Results: Answers
Trademarks
4.
Appeals
4.1
If the trademark office refuses registration, can the applicant appeal? If so, to what body and by what procedure?
India

Answer ... The refusal of the registration may be challenged in the form of a review before the Trademarks Office itself. Alternatively, the Applicant may file an appeal against the refusal before the relevant High Court within its jurisdiction.

For more information about this answer please contact: Essensee Obhan from Obhan & Associates
4.2
What is the procedure for appealing a trademark office refusal?
India

Answer ... Under Section 91 of the Trade Marks Act, 1999, any person aggrieved by an order or decision of the Registrar of trademarks may file an appeal with the appropriate High Court within three months of receipt of the decision.

An appeal to the High Court shall be made in the prescribed form, verified in the prescribed manner, and accompanied by a copy of the order or decision appealed against, along with the required fees as prescribed. An appeal may be admitted after the expiry of the specified period if the appellant satisfies the High Court that there was sufficient cause for not filing the appeal within the specified period.

For more information about this answer please contact: Essensee Obhan from Obhan & Associates
4.3
Can the reviewing body’s decision be appealed? If so, to what body and by what procedure?
India

Answer ...

  • A review petition order by the Trademarks Office can be appealed before the appropriate High Court.
  • The order of the High Court may be appealed by way of filing an appeal before a larger Bench of the same Court. Should the said subsequent order be wished to be challenged as well, the same may be in the form of a Special Leave Petition (SLP) before the Supreme Court of India.

For more information about this answer please contact: Essensee Obhan from Obhan & Associates
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Trademarks