Dr. Reddys Laboratories Limited Vs Controller General of Patents Designs And Trademarks (Delhi High Court)
HC held that in view of the fact that the office of the CGPDTM was represented before this Court by two senior officials, namely, Mr. Sachin Sharma and Mr. Juneja, who did not disclose to this Court or to their own counsel, the fact that oppositions were entertained even beyond the period of limitation, this Court deems it proper to impose heavy costs on them. The officers are warned to ensure that such conduct is not repeated in future. Accordingly, the said two officials, Mr. Sachin Sharma and Mr. Juneja, shall deposit a sum of Rs.1 lakh each with the DHCBA Pandemic Relief Fund [A/c No.15530110152195, IFSC Code- UCBA0001553, UCO Bank, Delhi High Court] by 10th April, 2022. The said amount shall be utilised only for the purposes of distribution to lawyers and their families who have deceased/suffered, during the pandemic. Hony. Secretary, Delhi High Court Bar Association to confirm receipt of the said amount, on the next date. The proof of costs deposited shall be filed before the Registry and shall be given to the ld. CGSC, appearing for the CGPDTM, before the next date of hearing.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. This hearing has been done through hybrid mode.
2. These are four writ petitions filed by different Petitioners who have been forced to approach this Court invoking its extraordinary jurisdiction under Article 226/227 of the Constitution of India, in view of the completely arbitrary and discriminatory manner in which the Controller General of Patents, Designs and Trade Marks/Respondent (hereinafter “CGPDTM”) has disallowed the Petitioners from filing oppositions to the trademark applications, which each of them wishes to oppose. The said oppositions have not been entertained on the ground that they were proposed to be filed beyond the time period of four months, as prescribed under Section 21 of the Trademarks Act, 1999 (hereinafter “Trademarks Act”).
3. The details of the trademark applications in each of the cases are as under:
