Whose Serve is it Anyway? Assessing the Sun Pharma v. Dabur Finding on the Applicant’s Obligation to Serve Counter-Statements One of the seemingly under discussed aspect of the Delhi High Court’s decision in Sun Pharma v. Dabur India is the Court’s passing comments on the responsibility to serve the Counter-Statement in trademark prosecution. Passed on February 9, 2024, the High Court Ruling clarified that the deadline to file evidence in opposition cannot be extended by the discretion of the Registrar. However, in doing so the Court also interpreted that the duty to serve the Counter-Statement falls on the Applicant […]
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