20 October 2014

Amendment to trademark application is quasi-judicial function

Examining whether the function of the Registrar of Trademarks while deciding on amendments to application for trademark is purely administrative or quasi-judicial, the High Court of Delhi held that powers vested in the Registrar by Section 22 of the Trade Marks Act, 1999 were quasi-judicial. The court therefore struck down Clause No. 3 of the Office Order No.16 of 2012-2013 dated 8-6-2012 by which the Controller had directed that no substantial amendments like those relating to proprietor details or use should be permitted.

The court on its decision dated 9-10-2014 that quasi-judicial authority cannot be curtailed by a person who has no statutory role to play in the matter of registration, even if he is higher in rank. The court was not persuaded by the bonafide reasons for the direction which were aimed at preventing abuse of the process to advance the date of commencement of use and ensuring uniformity of orders.


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