Gujarat HC Grants Ad-Interim Relief To Total Cardio Vascular Solutions, Stays The Trademark Registration Certificate Issued To Respondent

The trademark application was accepted and advertised in the trademark journal published by the applicant. The petitioner applied for opposition under Section 21 of the Trade Marks Act, 1999 but faced technical glitches while making the payment online. The petitioner approached the local office of registrar of trade marks the next day and filed the opposition physically with a demand draft towards fees.

However, the registrar returned the demand draft on 25.04.2023 with a covering letter stating that they did not find any error in their system and hence statement from the lawyer representing petitioner could not be accepted. As a result, the application of applicant (Respondent no.2)was accepted and registered under the number 5153323 in Class-5.

The petitioner then moved the High Court of Gujarat through R/SPECIAL CIVIL APPLICATION NO. 8666 of 2023. After hearing the petitioner's lawyer, the court has issued a notice returnable on 03.07.2023. In the meantime, the court has passed an ad-interim relief order stating that the implementation and operation of the trademark registration certificate issued by registrar of trade marks upon the trademark application No. 5153323 in Class-44, be stayed till the next returnable date.

The case highlights the importance of ensuring that technical glitches do not impact the filing of opposition to a trademark application. The court's order shows that the petitioner's interests have been protected, and the case will be further heard on the next returnable date.

Case Title: Total Cardio Vascular Solutions Private Limited Versus Registrar Of Trade Marks