SUN PHARMA LABORATORIES LTD. Vs. DABUR INDIA LTD.

JUDGEMENT

(1.) This hearing has been held through hybrid mode.

(2.) The present appeal has been filed by the Appellant - Sun Pharma Laboratories Ltd. under Sec. 91 of the Trade Marks Act, 1999 (hereinafter, 'the 1999 Act') challenging the order passed by the Trade Marks Registry dtd. 21/7/2022 dismissing Opposition No. 204995 of the Appellant/Opponent (hereinafter, 'Appellant') under Sec. 21 of the 1999 Act. The Opposition was filed against trade mark application no.1309040 of Respondent No.1/ Applicant (hereinafter, 'Respondent No.1') for the mark 'DABURGLUCORID KP (Label)' in class 5.

(3.) Vide the said order, the extension of time sought by the Appellant for taking the evidence on record under Rule 50(3) of the Trade Marks Rules, 2002, (hereinafter, '2002 Rules'), after delay in service of evidence to the Respondent No.1, was rejected by the Registrar of Trade Marks. In effect the Opposition was deemed to have been abandoned under Rule 50(2) of the 2002 Rules.