This is a judgment from the High Court at Calcutta, Commercial Division,
involving three separate but related appeals (IPDTMA No. 82 of 2023, IPDTMA No.
83 of 2023, and IPDTMA No. 1 of 2024) filed by Visa International Ltd., Garden
Silk Mills Private Limited, and others against Visa International Service
Association and other respondents.
The appeals challenge the authority of the Associate Manager, to pass certain
orders in opposition proceedings under the Trade Marks Act, 1999.
The appellants argue that the Associate Manager,, who passed the impugned
orders, was not authorized to do so as their appointments were contractual and
limited to specific periods, which had expired by the time the orders were
passed.
hey also contend that the organizational structure of the Trade Marks Registry
does not include a post for Associate Manager, and the Recruitment Rules of 2011
do not mention such a position.
The respondents argue that the Associate Managers were appointed through a
public notice and were authorized to hear contested matters and pass reasoned
decisions. They also submit that the Central Government has the power to appoint
officers of any designation to perform the functions of the Registrar under the
Trade Marks Act.
The Hon'ble Court, after considering the arguments and evidence presented,
concludes that the Associate Managers were not empowered to pass quasi-judicial
orders as their appointments were contractual and limited in time.
Furthermore, the quasi-judicial functions under the Trade Marks Act are to be
performed independently, not under the superintendence and direction of the
Registrar. The court sets aside and quashes the impugned orders and remands the
matters to the Registrar of Trade Marks for a fresh decision by a competent
officer, with a directive to dispose of the matter within six months.
The judgment highlights the importance of proper authorization and the legal
framework for the appointment of officers to pass quasi-judicial orders under
the Trade Marks Act. It also underscores the principle that if there is an
inherent lack of jurisdiction, the plea can be taken up at any stage and in
collateral proceedings.
Case Citation: Visa International Ltd Vs Visa International Service.:
02.08.2024 : IPDTMA No. 82 of 2023: Calcutta High Court: The Hon’ble Justice
Krishna Rao. H.J.
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Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and
Trademark Attorney
Email:
[email protected], Ph no: 9990389539
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