Ramya Moorthy Vs Registrar of Trade Marks

⦁ Parties Involved: Ramya S. Moorthy (petitioner) and Registrar of Trade Marks (respondent)

⦁ Court: Madras High Court

⦁ Judge: Senthil kumar Ramamoorthy

⦁ Judgment Date: August 10, 2023

The Ramya S. Moorthy v. Registrar of Trade Marks case revolves around the interpretation of Section 21(2) of the Trade Marks Act, 1999, and its application to the receipt of a notice of opposition in trademark registration proceedings.

Ramya S. Moorthy filed two trademark applications under different classes on February 4, 2022. After the applications were accepted for advertisement and published on September 12, 2022, Nirma Ltd. filed opposition against the trademark applications on January 12, 2023. The Trade Marks Registry claimed to have electronically transmitted the notice of opposition on January 19, 2023, but the petitioner denied receiving it.

The Madras High Court ruled in favor of the petitioner, clarifying that the two-month period for filing counter-statements commences from the actual receipt of the notice, rather than its dispatch. The court quashed the impugned orders dated April 28, 2023, and reinstated Moorthy's trademark applications. The petitioner was directed to file her counter-statements within one month of receiving the court's order.