Britinnia Industries Ltd. v. The Registrar Of Trade Mark & ORS.

27.07.2021.

Item No. 103.

Court No.13 ap W.P.A. No. 11464 of 2007 (Through Video Conference) Britannia Industries Limited

Versus

The Registrar of Trade Marks & Ors.

Mr. A. Sengupta, Mr. S. Prasad, Mr. Partha Basu.

..for the petitioner.

This writ petition has been filed challenging an order dated 15th March, 2005 passed by the Registrar of Trade Marks.

The Writ Court was approached notwithstanding the fact that the alternative remedies before the Intellectual Property Appellate Board (IPAB) were available.

It is stated that the IPAB has since been abolished and jurisdiction has been conferred upon the High Court. In the event, the petitioner has any surviving cause of action, it may move the High Court under new provisions if its application is otherwise maintainable.

Interim order if any shall stand vacated. The instant writ petition shall stand disposed of without any further order.

There will be no order as to costs.

All parties are directed to act on a server copy of this order on usual undertakings.

(Rajasekhar Mantha, J.)