ASHWA GHOSH Vs. VIZRT AG

JUDGEMENT

(1.) This is an appeal preferred under Sec. 91 of the Trade Marks Act 1999 against an administrative panel decision of the World Intellectual Property Organization (WIPO).

(2.) It is quite obvious that the appeal does not lie. Sec. 91 of the Trade Marks Act provides for appeal against orders passed by the Registrar under the Trade Marks Act. "Registrar" is defined in Sec. 2(y) as the Registrar of Trade Marks as referred to in Sec.

(3.) Sec. 3 envisages appointment of specific officer by the Central Government by notification in the Official Gazette as the Controller-General of Patents, Designs and Trade Marks, who shall be the Registrar of Trade Marks for the purposes of the Act. 3. The impugned order is not passed by the Registrar of Trade Marks. Nor is the Administrative Panel of the WIPO the Registrar, for the purposes of Sec. 91 of the Trade Marks Act.