Kamdhenu Limited filed an appeal against a decision of the Registrar of Trademarks, who had dismissed their application to have their trademark ‘KAMDHENU’ included in the “List of Well-Known Trademarks.” The Registrar’s rejection was the absence of an affidavit along with the supporting evidence to establish the well-known status.
The Court held that the Registrar has the discretion to allow the Applicant an opportunity to submit the required affidavit instead of outright rejecting the application. The Court emphasized that the absence of an affidavit along with evidence should not be deemed fatal to the application’s determination of well-known status. Rather, it could be considered as a requirement that the Registrar may request the applicant to fulfill if the documentary evidence and statement of case are found to be insufficient.
Consequently, the court granted the Appellant the freedom to submit a supporting affidavit and any additional documents within a period of eight weeks, in support of their application for obtaining well-known status for the trademark ‘KAMDHENU’. Following this, the Registrar will schedule a hearing for the Appellant and make a decision on the application in accordance with law.
Kamdhenu Limited Vs The Registrar of Trademarks
C.A.(COMM.IPD-TM) 66/2021
Raja Selvam
Founder & Managing Attorney, Selvam & Selvam | Practice areas include Trademarks, Patents, Domain names & Business law. Visiting faculty, Department of Journalism, Madras University where I teach copyrights & trademarks law. Passionate about entrepreneurship, start-ups, stocks, farming, technology and law.
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