#Trademark Disputes

Bombay High Court holds that the two-month deadline for filing an Evidence Affidavit under Rule 45 of the Trade Marks Rules 2017 is directory, allowing extensions under Section 131 of the Trade Marks Act 1999 even after expiry. This ruling clarifies that procedural timelines in rectification proceedings may be relaxed where justice demands, offering relief to parties facing delays.

Madras High Court reinforces that prior use and established goodwill of a name or mark are protectable under passing off law, even without formal trademark registration. The ruling underscores that likelihood of public confusion in the same field and locality is sufficient to grant injunctive relief, setting a precedent for unregistered mark holders.