Grounds for Appeal

• An appeal can be filed when a trademark application is rejected or refused by the Registrar.
  
• Grounds include improper evaluation, legal misinterpretation, or procedural irregularities.
  
• Rejection after an Examination Report, hearing, or opposition decision may be appealed.
  
• The applicant must have received a written order of refusal to initiate the appeal.
  

Appellate Authority

• Appeals are filed before the Intellectual Property Division of the High Court having jurisdiction.
  
• Previously, appeals were made to the Intellectual Property Appellate Board (IPAB), which was dissolved in 2021.
  
• The High Court acts as the appellate forum for trademark matters post-rejection.
  

Time Limit for Filing

• The appeal must be filed within three months (90 days) from the date of the refusal order.
  
• A delay may be condoned by the court if sufficient cause is shown.
  
• It is advisable to initiate the appeal process well before the deadline to avoid technical dismissal.
  

Procedure for Filing Appeal

• The appellant must draft and file a petition of appeal stating the grounds for challenging the refusal.
  
• Copies of the rejection order, application documents, and supporting materials must be attached.
  
• Legal representation is generally required due to the procedural and legal complexity.
  
• The court may issue notices to the Registrar and conduct hearings before passing a judgment.
  

Possible Outcomes

• The High Court may set aside, modify, or uphold the Registrar’s decision.
  
• If the appeal is allowed, the application proceeds to registration or further examination.
  
• If dismissed, the trademark remains rejected, and the applicant may consider refiling.
  
• The judgment is binding, though it may be challenged before a division bench or Supreme Court, if necessary.