Recently, the Hon'ble Delhi High Court, has held in the case
of Intellectual Property Attorneys Association v. The
Controller General of Patents, Designs & Trade Marks &
Anr. 1, that the
Registrar of Trademark is bound by duty to send the copy of the
order passed under Section 18(5) of the Trade Marks Act, 1999,
containing the grounds of refusal or conditional acceptance and
material used by the Registrar to arrive at his decision should be
furnished.
In this case, the single judge bench of the Delhi High Court was
adjudicating upon a writ petition filed by the Petitioner who was
aggrieved by the orders passed by the Registrar to refuse
applications for registration of trademarks in violation of Section
18(5) of the Trade Marks Act, 1999.
