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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Geographical Indications of Goods

In an appeal from an order on an application that WAS opposed, the Registrar does not wish to attend personally. Under Section 35 as reproduced, when is the Registrar entitled to appear in such an appeal on his own initiative?

The Registrar may appear where he considers his appearance necessary in the public interest. Section 35(1)(b)(ii) gives this right for opposed applications, and he must in any case appear if the Board directs. It is not automatic in every opposed matter.

  1. AWhenever any opposition has been filed, without exception
  2. BOnly when the Registrar considers his appearance necessary in the public interestCorrect
  3. COnly when the opponent requests his presence
  4. DNever, because opposed matters are decided only between the parties

Explanation

Section 35(1)(b)(ii) allows the Registrar to appear in an appeal on an opposed application where he considers his appearance necessary in the public interest. He must also appear if directed by the Board. It is not automatic for every opposed case, and the opponent's request is not the test.

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