Delhi High Court Rules in Favour of Sun Pharma in Trademark Dispute Appeal

In a significant development in the realm of trademark disputes, the Hon’ble Delhi High Court has delivered a verdict favouring Sun Pharma Laboratories Ltd (“Sun Pharma”) in an appeal against the order of the learned Registrar of Trade Marks. The appeal was filed concerning the abandonment of Sun Pharma’s opposition to a trademark application filed by Dabur India Ltd (“Dabur”).

The crux concerns interpreting rules regarding the obligation to serve evidence in trademark opposition cases. Under the old rules, the court ruled that the responsibility to serve evidence on the opposing party rested with the Registry, not the opponent or applicant. Therefore, any delay or non-service of evidence by the respective parties could not warrant the abandonment of the opposition or application.

The case stemmed from Sun Pharma's opposition initiated under the old rules. While Sun Pharma had submitted its evidence within the stipulated timeframe, there was a delay of three days in serving a copy of the evidence to Dabur. Sun Pharma subsequently sought an extension of time and requested the learned Registrar to consider its evidence. However, the Registrar rejected Sun Pharma’s request, citing the non-extendibility of the time limit prescribed under the rules, thereby deeming the opposition abandoned.

Aggrieved by this decision, Sun Pharma pursued an appeal before the High Court. The Court upheld the mandatory nature of the time limits prescribed under the rules. However, it noted that under the repealed Trade Marks Rules 2002 or the subsequent Trade Marks Rules 2017, the Registrar had no discretion to grant extensions.

Crucially, the Court emphasized that although Sun Pharma had complied with the statutory deadline for filing evidence, the obligation to serve the evidence on the opposing party lay with the Registry. Thus, the delay in serving the evidence on Dabur did not warrant the abandonment of the opposition.

In its ruling, the Delhi High Court reinstated Sun Pharma's opposition. It directed the Registrar to proceed with the case on its merits, emphasizing the importance of due process and fairness in trademark disputes. This verdict is expected to have significant implications for future trademark opposition cases, clarifying the obligations of parties and the Registrar in such matters.