Madras High Court Holds Pandemic-Related Filing Difficulties Cannot Result in Deemed Abandonment: Substantive Rights Prevail Over Procedural Formalities
Summary The Madras High Court set aside the Trademark Registrar's order deeming a trademark application abandoned due to alleged late filing of evidence affidavit. The Court held that an affidavit filed within the prescribed timeline but lacking signature and attestation due to COVID-19 lockdown restrictions should be treated as validly filed, with subsequent formal rectification not constituting a fresh filing. Emphasizing that procedural provisions cannot be interpreted rigidly to defeat substantive rights, the Court directed the opposition proceedings to be heard on merits. Background and Procedural History ACE Foods (Appellant) filed trademark application No. 4015733 in Class 35 on December 3, 2018, seeking registration for the mark "Modern Kitchens' Delite in Every Bite" , claiming use since 1984. On December 12, 2019, Modern Snacks (Respondent No. 2) filed Opposition No. 1019941 challenging the application. Following standard opposition procedure, Modern Snac...