Sun Pharma Laboratories Ltd v. Dabur India Ltd & Anr.

Delhi High Court holds trademark opposition deadlines are mandatory—registrar lacks power to extend, even for a one-day service delay.

Short Description :

Sun Pharma filed a trademark opposition against Dabur’s application. Although Sun Pharma submitted evidence to the Registrar within the prescribed timeline, the service of that evidence to Dabur was delayed by one day. The Registrar deemed the opposition abandoned. The Delhi High Court overturned that, ruling that timelines under the Trademarks Act and Rules are mandatory, not flexible, and the Registrar has no discretion to extend them—even for minor delays. The opposition was reinstated. The Court then clarified that the Registrar must serve the counter‑statement, not the applicant.

Facts :

- Sun Pharma opposed the registration of Dabur’s mark 'Dabur Glucorid KP.'- Sun Pharma filed its evidence within the two-month deadline but failed to serve it to Dabur on time—a one-day delay.- The Registrar declared the opposition abandoned under Rule 50(2) of the 2002 Rules.

Findings :

- The Court held that statutory timelines in trademark opposition proceedings are mandatory, not directory.- A one-day delay in service did not invalidate the opposition if the evidence was timely filed.- The Registrar cannot grant discretionary extensions; such extension powers were removed in the 2017 Rules.- The Registrar—not the applicant—is responsible for serving the counter‑statement.

Suggestion :

- Parties must adhere strictly to procedural timelines in trademark opposition proceedings; even minor delays can be grounds for opposition to be deemed abandoned.- Be vigilant in properly serving all documents—especially counter‑statements.- Registrars should not and cannot extend deadlines beyond statutory provisions.

Judgement :

The Registrar’s abandonment of the opposition was set aside; Sun Pharma’s opposition was reinstated. The Court reaffirmed that timeline adherence is mandatory, not a formality. It clarified that while parties must serve their evidence affidavits, the Registrar must serve the counter‑statement.Judgement Dates: 8 December 2023 / 9 February 2024 – Delhi High Court