One-Month Notice Under Rule 100 Mandatory Before Trademark Rectification Hearing : Delhi High Court

The Delhi High Court has ruled that the timelines prescribed under Rule 100 of the Trade Marks Rules, 2017 are mandatory and cannot be waived.

The Court held that a registered trademark owner must be given at least one month's notice before a rectification hearing under Section 57(4) of the Trade Marks Act, 1999. Granting only 21 days’ notice violates both the Rule and the principles of natural justice.

The Court found the Registrar’s notice invalid, stating it clearly breached the statutory mandate and deprived the trademark owner of a fair opportunity to respond to the cancellation proceedings.