The Calcutta High Court on June 18, 2024 set aside a refusal order issued by a Senior Examiner of Trademarks (Examiner) against registration of a trademark application bearing number 4167498 filed under Class 9 for the word mark “ELECTRONICA”. The Court noted that the Examiner had passed the refusal order without any reasoning and after a period of almost one year from the date of hearing the Applicant.
Electronica India (Applicant) filed a TM application with the trademark registry seeking protection of the word mark “ELECTRONICA”. The Examiner took up the application for hearing on 15th February 2023 through virtual mode. However, due to some disturbances in the connectivity, the Applicant could not place all the relevant documents and make proper submissions. On 17th February, the Applicant informed the Examiner that they were unable to submit the relevant documents and present proper submissions due to the disturbance and requested the Examiner to provide another opportunity of hearing. Despite following up with the Examiner, no responses were received by the Applicant and the application was refused on 14th February 2024. Aggrieved, the Applicant filed an appeal before the Calcutta High Court, against the decision of refusal.
Without delving into the merits of the case, the Court set aside the refusal order and directed the Examiner or any other competent officer under law to provide an opportunity of hearing to the Applicant as well as pass a reasoned and speaking order.
Citation: Electronica India Limited vs The Registrar Of Trade Marks, IPDTMA/4/2024. Decided on 18.06.2024 (Available on https://indiankanoon.org/doc/77173644/)
Authored by Gaurav Mishra, IP Attorney, BananaIP Counsels
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