Summary
The Madras High Court set aside the Trademark Registrar's order deeming a trademark application abandoned. The Court held that an affidavit filed within the prescribed timeline but lacking signature due to COVID-19 lockdown restrictions should be treated as validly filed.
Background
ACE Foods filed trademark application No. 4015733 in Class 35 on December 3, 2018, for the mark "Modern Kitchens' Delite in Every Bite", claiming use since 1984. Modern Snacks filed Opposition No. 1019941 in December 2019. ACE Foods filed a counter-affidavit on June 1, 2020 within the prescribed timeline — but due to COVID-19 lockdown it could not be signed or attested. ACE Foods submitted an undertaking to file a properly executed version once restrictions lifted. In 2024, ACE Foods revived the matter with a signed affidavit (new signatory, the original having passed away). The Registrar deemed the application abandoned on July 4, 2025.
High Court's Analysis
Intent demonstrated: Filing on June 1, 2020 within the deadline showed clear intent to prosecute despite extraordinary circumstances.
No prejudice to opponent: Modern Snacks filed its reply affidavit on July 31, 2020 — demonstrating it received and responded to the substance of ACE Foods' affidavit. No prejudice from the absent signature.
Rectification, not fresh filing: The 2024 affidavit was merely a formal rectification — not a new filing introducing different evidence.
Narrow construction of abandonment: Deemed abandonment provisions result in drastic loss of rights and must be construed narrowly, applied only where there is genuine failure to prosecute.
Decision
Registrar's order set aside. Affidavit treated as filed June 1, 2020. Opposition to be heard on merits.