Khaitan & Co Represented Visa Steel In Appeals Under Section 91 Of The Trademarks Act At Calcutta High Court

Khaitan & Co Represented Visa Steel In Appeals Under Section 91 Of The Trademarks Act At Calcutta High Court

Khaitan & Co represented Visa Steel Ltd. in relation to drafting the appeals under Section 91 of the Trademarks Act, 1999, filing the same before the High Court at Calcutta, preparing notes, and assisting the Senior Counsels for the hearing before the High Court at Calcutta. The client preferred the appeals being IPDTMA No. 82 of 2023 and IPDTMA No. 83 of 2023 under Section 91 of the Trademarks Act, 1999, against the order dated 16 September 2023, passed by Mr. Shraman Chattopadhyay, Associate Manager of Trademarks. This opposition was filed under No. 236324 and 236325 against the application No. 1363190 in classes 06 and 35.

By a public notice dated 21 December 2021, issued by the Controller of Patents, Designs, and Trademarks, applications were invited from eligible candidates for hiring as Hearing Officers purely on a contractual basis. The Controller General of Patents, Designs, and Trademarks, by an office order dated 28 November 2022, under sub-section (2) of Section 3 of the Trademarks Act, 1999, delegated various functions of the Registrar to the Associate Manager under sub-section 2 of Section 3 of the Trademarks Act, 1999.

The Court, considering the submissions of the appellants, set aside and quashed the order passed by the Associate Manager and remanded the matter to the Registrar of Trademarks to decide the matter afresh by a competent officer.

The role of the Firm included drafting the appeals under Section 91 of the Trademarks Act, 1999, filing the same before the Hon'ble High Court at Calcutta, preparing notes, and assisting the Senior Counsels for the hearing before the Hon'ble High Court at Calcutta.

The core team consisted of Arvind Kumar Jhunjhunwala (Partner), VVV Sastry (Partner), and Rahul Poddar (Associate).