The Trademark Act, 1999 is quite clear on the substantive rights
of the parties however, the procedural aspect is often ambiguous
particularly regarding the jurisdiction of the Trademark registrar,
the IPAB and the Courts. In the case of Jagajit Industries
Limited v IPAB, the Appellant (Jagatjit) had applied for
registration of the mark 'BLENDER's PRIDE' and the same
was advertised in October, 2003. The registration of this mark was
opposed by Austin Nichols (Respondent 2) which operates in India
through its licensee Seagram's India (Respondent 1). Respondent
2 filed TM-44, one day before expiry of 3 month statutory period
for filing opposition, seeking an extension of one month to file
its opposition. Respondent No. 2 was not intimated if their request
under TM-44 was accepted by the Registrar; nevertheless, their
opposition was served upon the Appellant in February, 2004. In
January, 2005 Respondent No. 2 learnt that despite the opposition
the Appellant's mark had
