In an order dated February 16, 2012, the High Court at Madras held that Section 9 and Section11 of the Trade Marks Act, 1999 cannot be applied for rectification of an entry of the mark from the Trade Marks Register. The Court overruled the order of Intellectual Property Appellant Board (IPAB) and observed the following: “The grounds embodied under sections 9 and 11 of the Trademarks Act may be resorted to only when the mark is published in the official journal of the trademark registry and not![]()
