The Supreme Court suspended limitation periods for nearly two years of the pandemic. The Trade Marks Registry allowed some opponents to file late and refused others, and issued registration certificates in the meantime. The Delhi High Court’s IP Division called that what it was.
A quick recap
On 23 March 2020, the Supreme Court took suo motu cognizance of the COVID situation and ordered the suspension of deadlines. On multiple later occasions, as it deemed fit and in the interest of justice, the Court suspended and extended deadlines further.
Through those orders, deadlines were suspended from 15 March 2020 until 28 February 2022, with all deadlines falling in that period extended to 30 May 2022.
What went wrong
The Trade Marks Office had, until recently, been following the procedure diligently. But after multiple petitions by aggrieved litigants, it emerged that the Office had not been following the Supreme Court’s order in spirit.
Specifically, it had not permitted oppositions to be filed in certain matters falling within the suspension period — and had gone ahead and issued registration certificates.
Worse, oppositions were being allowed in an arbitrary manner: up to a certain point they were accepted, while another set of opponents was refused. Two parties in materially identical positions received opposite treatment depending on when they approached.
The Delhi High Court decided the matter on merits, holding that all applicants must be allowed an equal opportunity to express their dissent.
The order
Severely reprimanding the Trade Marks Office, the court issued directions to ensure justice and equity to all applicants. Among the key points:
- All trademark advertisements whose deadline expires after 15 March 2020 stand extended until 30 May 2022.
- For registration certificates already issued:
- where no opposition is received on or before 30 May 2022, the certificates remain valid and subsisting, with rights holders continuing to enjoy their rights;
- where an opposition is received on or before 30 May 2022, the certificates stand suspended until the opposition is decided.
- Where certificates are due to be issued, issuance is held off until 30 May 2022.
- A copy of the order was to be uploaded as a public notice on the CGPDTM website.
The Registry’s compliance
The Office issued an official notification on 28 March 2022, opening the filing of oppositions against trademarks published from Trade Marks Journal No. 1928 dated 18 November 2019 to Trade Marks Journal No. 2036 dated 24 January 2022 — a little over two years of journals reopened.
The balance being struck
This was an unusual order, and the tension in it is real. On one side are registered proprietors whose rights were suddenly in doubt, some of whom had done nothing wrong and had built on certificates the Registry issued. On the other are applicants entitled to object to those rights, who were denied the opportunity through no fault of their own.
The court’s resolution held both: certificates were not cancelled, only made contingent — surviving intact if no opposition arrived, suspended if one did. That preserved the position for proprietors nobody wished to challenge, while restoring the opportunity to those wrongly shut out.
The wider point outlasts the pandemic. A registry cannot apply a court’s order selectively. Where a suspension of limitation applies, it applies to everyone within its terms, and administrative convenience is not a reason to treat similarly placed parties differently.
The takeaways
- Limitation was suspended from 15 March 2020, with deadlines extended to 30 May 2022.
- The Registry applied it inconsistently and issued certificates regardless.
- Certificates were made contingent, not cancelled — suspended only if opposed.
- Journals 1928 to 2036 were reopened for opposition.
Frequently asked questions
What period did the Supreme Court’s COVID suspension cover? Deadlines were suspended from 15 March 2020 until 28 February 2022, with all deadlines falling in that period extended to 30 May 2022.
What happened to certificates issued during the suspension? They remained valid if no opposition was filed by 30 May 2022, and stood suspended until decided if an opposition was filed.
Which journals were reopened for opposition? Trade Marks Journal No. 1928 dated 18 November 2019 through No. 2036 dated 24 January 2022.
Why did the court reprimand the Registry? Because it had not applied the Supreme Court’s order in spirit — refusing some opponents while allowing others, and issuing registration certificates during the suspension period.