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CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Lakshmi Traders was penalised by an adjudicating officer appointed by the Registrar. It received the order on 1 March and files an appeal on 15 May, 75 days later, showing it was hospitalised for much of the period. What is the position under the Act?

The appellate authority may admit the late appeal if it is satisfied that Lakshmi Traders had sufficient cause for the delay. The sixty-day limit is not absolute, because the Act expressly allows admission after expiry on showing sufficient cause, such as serious illness.

  1. AThe appeal is barred absolutely because sixty days have passed
  2. BThe appellate authority may admit the appeal if satisfied that there was sufficient cause for the delayCorrect
  3. COnly the High Court can condone the delay
  4. DThe appeal must be filed again before the same adjudicating officer

Explanation

Section 112B(1) gives sixty days from receipt of the order. Section 112B(3) permits admission after that period if the appellant satisfies the appellate authority of sufficient cause. Hospitalisation can qualify, so the appeal is not absolutely barred. The appeal lies to an officer at least one rank above the adjudicating officer, not to the same officer.

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