In the matter of Pawandeep Singh vs The Registrar Of Trademarks & Anr., [W.P.(C)-IPD 7/2022 & CM 30/2022], Single Judge [Pratibha M. Singh, J.] of the High Court of Delhi, vide order dated March 28, 2022, held that ‘the refusal of a trade mark without even affording a hearing would be contrary to the fundamental tenets of natural justice’.
The High Court further directed the Controller General of Patents, Designs & Trade Marks (hereinafter “CGPDTM”) to device a proper mechanism for holding show cause hearings by including the following features:
- Publication of cause list notice on a daily basis, with serial numbers for the applications to be taken up, preferably with morning and afternoon slots, if required.
- Utilising a platform with an open link which permits more individuals to join a hearing at a time.
- Matters be called serial number-wise for the purpose of certainty and convenience of the applicants, so that the concerned Applicant/Agent/Counsel can make submissions in respect of the application being examined when the appropriate number is called out, instead of waiting in the waiting room.
- Removal of templates from the order which may vary on case-to- case basis (such as ‘hearing took place before me’I.
- Making available extra space in the order for Senior Examiners to record reasons for allowing or refusing the application.
The Court also suggested that CGPDTM may consult the IP fraternity including Associations like the Intellectual Property Attorneys’ Association (IPAA), and the Asian Patent Attorney Association (APAA), International Association for the Protection of Intellectual Property (AIPPI), International Trade Mark Association (INTA), or any other stakeholders, if required to submit the proposal for hearing within two weeks from the Order.