Featuring: Shivanshi Gupta
A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Shivanshi Gupta, Trainee Associate, on “Whether Service by Registrar in an Opposition Proceeding is Deemed Proper upon dispatch of Electronic Mail?”. The seminar dissected Section 21 of the Trade Marks Act, 1999, and Rule 18 of Trade Marks Rules, 2017. The session delved into the various judicial decisions that analyzed when the service of the notice is deemed proper and when a deadline is triggered. The seminar focused on recent judicial developments which have held that service in an opposition proceeding should not be construed as proper merely upon dispatching the email. The session concluded with a discussion on the judicial outlook on determining the deadline after service by the Registrar while balancing and protecting the substantive rights and interests of proprietors in the trademarks.
The presentation can be accessed here.
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