The Bombay High Court has ruled that the deadline for filing evidence affidavits under Rule 45 of the Trade Marks Rules, 2017 is directory and not mandatory, impacting future trademark proceedings.
Bombay High Court's Rule on Evidence Affidavit Deadlines
A notable ruling by the Bombay High Court has clarified the nature of the deadline imposed by Rule 45 of the Trade Marks Rules, 2017. In the recent case of Black Diamond Motors, the court stated that the timeline for submitting evidence affidavits is directory rather than mandatory. This nuanced interpretation suggests that practitioners may have leeway regarding the submission timelines.
Furthermore, the court emphasized that the Registrar possesses the authority to extend submission deadlines even years after they have passed, providing significant flexibility in the trademark litigation process. This development aligns with the intention of the rule, which aims to promote fair and equitable proceedings.
The judgment also highlights the potential for conflating civil procedure and substantive legal principles when interpreting statutory deadlines. Legal practitioners focusing on trademark issues will need to reassess deadlines in light of this ruling, ensuring compliance while also recognizing the opportunities this flexibility presents.
Citations
- Black Diamond Motors (2026) Not Published
