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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Kerala-based Nair Handlooms is unhappy with the Registrar of Trade Marks' order refusing its trade mark application. Under the current Indian framework, where does the appeal against the Registrar's order lie?

The appeal lies to the High Court having jurisdiction. The Intellectual Property Appellate Board was abolished by the Tribunals Reforms Act, 2021, and its appellate work was transferred to the High Courts, so appeals against the Registrar's orders now go there.

  1. AThe High Court having jurisdictionCorrect
  2. BThe Supreme Court directly
  3. CThe Consumer Disputes Redressal Commission
  4. DThe Securities Appellate Tribunal

Explanation

Following the Tribunals Reforms Act, 2021, the IPAB was abolished and its appellate functions were transferred to the High Courts. The Supreme Court is not the first appellate forum, and the consumer commission and SAT have no jurisdiction over trade mark registration orders.

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