Time-Barred Applications Toss Into The Registry – Zyro Allowed To File Opposition

Issues of Limitation traditionally find a place in litigation. However, as quasi-judicial authorities are increasingly being established having the authority to hear and dispose off issues and differences, it is but natural that concerns such as being time-barred or not shall crop up before such bodies.

The Trademarks Act 1999, post publication provides a period of three months to oppose the published mark. An extension of one month may be granted at the request of the opponent. Although these facets of trademarks registration may seem to work like a strait-jacket formula, yet occasions arise when the Registry finds itself in a dilemma. Anjali Creations v. Zyro Ltd. [2008 (36) PTC 645 (Reg.)] was witness to one such instance of oblivion.