The Rule 45 Deadlines in Trademark Oppositions- The High Court Divide
The Rule 45 Deadlines in Trademark Oppositions- The High Court Divide The Madras High Court recently ruled in V-Guard Industries v. Kangaro Industries (LPA No. 18 of 2026, decided 30 July 2026) that the two-month deadline under Rule 45 of the Trade Marks Rules, 2017 is strict and mandatory. If an opponent misses it, the opposition is deemed abandoned, and the Registrar has no power under Section 131 of the Trade Marks Act, 1999 (read with Rule 109) to extend that period. The Bench accordingly set aside a single Judge’s order that had revived the abandoned opposition and remanded it. This ruling deepens a national split: Delhi and Madras say the deadline is absolute, while Bombay says it is flexible. With no Supreme Court ruling yet, the conflict is ripe for resolution. 1. Background Facts • V-Guard Industries applied to register label mark “KANGARO” in class 16 under Application No. 3254001 on 9 May 2016. ...