"User" amendments allowed


In a Public Interest Litigation filed by the Intellectual Property Attorneys Association (IPAA), the Delhi High Court struck down the Office Order dated 8th June 2012 issued by the Controller General of Patents, Trade Marks and Designs that deprived trademark applicants from amending the statement of user in their pending trade mark applications. Holding such order to be ultra vires, the High Court held that there can be no general order that no such amendment can be allowed and the Registrar must decide on a case to case basis whether the amendment sought is bona fide or not. The judgment can be accessed here.