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May 27, 2026

Legal Issues Seminar-General IP (LIS-GIP) On “Whether Procedural Lapses In Trademark Examination Constitute Independent Grounds For Rectification?”

Featuring: Vanshika Gupta

A Legal Issues Seminar – General IP (LIS-GIP) was conducted by Vanshika Gupta, Associate, on the issue: “Whether Procedural Lapses in Trademark Examination Constitute Independent Grounds for Rectification?” The seminar examined the procedural framework under Section 57 of the Trade Marks Act, 1999 and Rule 33 of the Trade Marks Rules, 2017 governing the issuance of Examination Report. The discussion explored whether lapses in the examination process, including failure to conduct proper searches, non-citation of prior conflicting marks, or defective examination reports, can independently justify rectification or cancellation of a registered trademark. While several judicial decisions have emphasized that compliance with examination requirements is mandatory and that procedural lapses may vitiate the registration process, other decisions have clarified that not every procedural irregularity warrants cancellation unless the registration itself is shown to be substantively invalid under the Act. The seminar further analysed the evolving judicial approach balancing procedural compliance with the protection of substantive trademark rights.

The Presentation can be accessed here.

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