Apex Europe B.V. vs Union Of India & Ors.

W.P.(C)-IPD 47/2023

The grievance of the petitioner in this writ petition was that, while proceeding with the consideration of Application No. 2378433 filed by the petitioner, seeking registration of the word mark GTT, the Trademarks Registry did not refuse to take into consideration an order dated 24 December 2020, passed by the Intellectual Property Appellate Board (IPAB) unless the petitioner produced a certified copy thereof. Mr. Bakhru’s contention was that as the IPAB is not functional, it is not possible for him to produce a certified copy of the order dated 24 December 2020.

Today, Mr. Vaidyanathan submits, on instructions, that his client is willing to take the said order into consideration and prosecute Application No. 2378433 on that basis, subject to the petitioner providing an indemnity and an undertaking that the order dated 24 December 2020 of the IPAB is a genuine copy and indemnifying the Registrar of Trade Marks from any liability in that regard.

Mr. Bakhru on instructions, submits that his client would furnish the requisite indemnity and undertaking.

Accordingly, this petition is disposed of with the direction to the Registrar of the Trade Marks or any competent officer authorised by the Trade Mark Registry to take into consideration the petitioner’s Application No. 2378433 and after taking into consideration, inter alia, the IPAB’s order dated 24 December 2020, subject to the petitioner providing an undertaking and indemnity as above.

The petition is disposed of in the above terms.

The next date, i.e. 21 February 2024 already fixed in the matter stands cancelled.

Miscellaneous application does not survive for consideration and stands disposed of.