Recently, Clause No. 3 of a notification issued by the
Controller of Patents, Designs and Trade Marks (Controller General)
relating to amendment in application for registration of trade mark
was challenged before the Hon'ble Delhi High Court in
Intellectual Property Attorneys Association vs. Union of India
& Anr. The Hon'ble Court was pleased to set aside the
impugned Clause No.3 of the notification and held that statutory
discretion vested in quasi-judicial bodies cannot be interfered
with by higher executives. A copy of the order can be found
here.
Facts
A writ petition was filed by the Petitioner challenging the
validity of Clause No. 3 of the Office Order No.16 of 2012-2013
dated 8th June, 2012 issued by the Controller General, the relevant
part of which states that "No request for amendment shall
be allowed which seeks substantial alteration in the application
for registration of trademark. The substantial amendment in the
trademark, proprietor details,
