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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

An appeal to the High Court from the Registrar's order refusing an unopposed trade mark application is pending. Under section 98, what is the Registrar's position?

The Registrar has the right to appear and be heard. Section 98(1)(b)(i) gives this right in an appeal to the High Court from an order on an unopposed application that the Registrar refused or accepted subject to amendments, modifications, conditions or limitations.

  1. AThe Registrar has the right to appear and be heardCorrect
  2. BThe Registrar may not appear unless the Central Government permits
  3. CThe Registrar may appear only if the applicant consents
  4. DThe Registrar must be impleaded as the respondent paying costs

Explanation

Section 98(1)(b)(i) gives the Registrar the right to appear and be heard in an appeal to the High Court from an order on an unopposed application that is refused or accepted subject to amendments, conditions or limitations. The other options add requirements not in the section.

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