The information available at the
Trademark Registry records is for the public to know about the
marks that are registered and it is the general presumption, that
the information so made available is true and correct unless any
evidence to the contrary is adduced. Therefore, an act of not
informing about an assignment of trademark to the Trademark
Registry may result in misleading the Registry about vital facts
and at the same time affect the decision of an ongoing legal
proceeding.
In the case of Hygienic
Research Institute Private Limited v M/s Solvay Pharmaceutical
Marketing and Licensing decided by the IPAB (Circuit Bench,
Mumbai), a similar situation arose. RK Dewan & Co. ,
represented the Appellant (Hygienic Research) and filed an
opposition against the registration of the mark 'SILKIS' as
it was deceptively similar to its client's mark
'SILKISS'. Further, RKD's lawyer argued that the goods
as well as the channel of trade were the same therefore,
