Trade Marks Act, 1999

Section 23(1)

HELD
Section 23( 1) of the Act clearly mandates that only after the statutory period for filing opposition has expired a registration certificate could be granted. The appellant had filed an application for extension of time in filing opposition to the registration of trade mark of the 4th respondent and the notice of opposition was taken on record by the Registrar. The above fact is evident from the show cause notice dated 16th February, 2004 and the interim order of 26th May, 2005. In the absence of an order rejecting such application, it cannot be held that time for filing opposition had expired. The entire issue was considered by the Appellate Board which is a tribunal as per Section 2(ze) of the Act. The tribunal had ultimately come to the conclusion that the registration was in contravention of the provisions of the Act and directed the Registrar to decide the application of the 4th respondent on merits.
After taking into consideration the above facts and contentions of the parties we hold that no injustice has been done by the Appellate Board in directing de novo hearing of the case. Consequently the appeal is allowed