A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Nabira Farman, Trainee Associate, on “Is an Intra-Court Appeal against the Decision of Single Judge of High Court in Trade Mark Appeals maintainable?”. The seminar explored how the Courts have interpreted the maintainability of a second appeal before the Division Bench of High Court against an order passed by Single Judge arising out of a decision by the Trade Marks Registry. The session included a discussion of limitation on appeal as raised under Section 100A of the Code of Civil Procedure and dealt with various cases, elaborating on the objective and scope of Section 100A. The session also delved into judicial decisions from recent times, in the realm of trademark matters where the Courts have interpreted the applicability of Section 100A to trademark appeal matters. The session concluded with a discussion on the recent decisions of the Delhi High Court which clarified and settled that while assessing the maintainability of second appeals in a trademark matter, the Trade Marks Registry, not being a civil court, does not invite the limitation on appeal as entailed under Section 100A.

The presentation can be accessed here.

ALG’s Ashwani Balayan will be in Istanbul for the 2023 AIPPI World Congress from October 21-25. In addition to numerous panel sessions and roundtable discussions on a range of interesting and relevant topics, the Congress will also have plenary sessions for discussion and adoption of Resolutions towards harmonization of topics under study. Ashwani is India member of this year’s study question on Trademark Use.

Ashwani will also be representing IPO (Intellectual Property Owners Association) during the Congress.

ALG’s Pranay Bali is recognised as Rising Star for the consecutive 2nd year along with Sunidhi Bansal as a part of Managing IP’s IP STARS 2023 edition.

The full list leading up-and-coming intellectual property practitioners in private practice across the globe is available here.

International Trademark Association (INTA) has appointed seven ALG attorneys to serve on INTA Committees for the upcoming 2024-25 term. Considered as one of the INTA’s most important asset, Committees advise on policy positions, create resources and communicate on key issues in relation to intellectual property – benefiting industry stakeholders and society.

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Anurathna Mathivanan, Associate, on “Can a Registered Trademark be presumed as invalid at the Interlocutory Stage of a Suit during pendency of Rectification Proceedings?”. The seminar explored the relevant provisions of the Trade Marks Act, 1999, which gives powers to the Court to pass an interlocutory order when the validity of the registration of mark is in question. The session delved into the various judicial decisions that have previously considered passing interlocutory order restraining use of a registered mark where there has been no final determination on the validity of the registration. The seminar focused on decisions where Courts have considered the threshold of determination for a ‘prima facie tenability’ of a challenge to validity of registration, and whether the court can, on a prima facie determination of material on record, pass an interlocutory order assuming that the invalidity of the registered mark. The session concluded with a discussion into the scope of determination of ‘prima facie tenability’ of a challenge to validity of a registered trademark.

The presentation can be accessed here.