Calcutta High Court Sets Aside Rejection Of ‘ELECTRONICA’ Trademark Application

Calcutta High Court Sets Aside Rejection Of ‘ELECTRONICA’ Trademark Application

In a notable decision, the Calcutta High Court has set aside the rejection of a Trademark application for 'ELECTRONICA' under Class 9. The appeal was filed under Section 91 of the Trade Marks Act, 1999, by the appellant, who was dissatisfied with the order dated February 14, 2024, issued by the Senior Examiner of Trade Marks (respondent 2).

The appellant had initially applied for the registration of the trademark 'ELECTRONICA.' On February 15, 2023, a virtual hearing was conducted by the senior examiner. However, due to connectivity issues, the appellant could not present all relevant documents. On February 17, 2023, the appellant informed the senior examiner of the network error and requested another hearing opportunity. Despite the request being received, no response was provided, and the Senior Examiner eventually issued the impugned order one year later, on February 14, 2024, rejecting the application.

In the appeal, several grounds were raised by the appellant, but the Calcutta High Court, Justice Krishna Rao, focused on the procedural lapse. The Court found it improper to delve into the merits of the case, as the primary issue was the delay and the denial of a fair hearing.

The Court emphasized that decisions must be made promptly and based on a reasoned and well-articulated order.

Consequently, the impugned order was set aside, and the Court directed the appellant's application to be reheard and a new decision to be issued within four months, allowing the appellant a fair opportunity to present their case.