Law: Trade Mark Act, 1940

Section: 15(2)

(a) Interpretation of statutes--- ----Directory and mandatory provisions---Distinction---In order to comprehend the true spirit of any provision, whether it is mandatory or directory, the conception, acumen and stratagem of the Act and the enabling Rules should be considered for proper resolution---For such purpose Court has to scrutinise the pith and substance and not exclusively the form---Sometimes a provision in the legislation seems to be mandatory, but substantially it is directory and, inversely, sometimes a provision seems to be directory but in quintessence it is found to be mandatory for compliance, therefore, for all practical purposes, it is the fundamental nature which counts and should take preference and affinity more than the form---If a provision gives a power as well as a duty, it is mandatory and the enabling text of law and rules should be interpreted as obligatory so that the underlying principle and raison d'etre is not contravened or flouted. (b) Trade Marks Act (V of 1940) [since repealed]--- ----S. 15(2)---Revised Trade Marks Rules, 1963. Rr. 30 & 76---Trademark---Opposition to registration of trademark---Limitation---Extension of time to file opposition---Registrar of Trademarks, discretion of---Scope---While exercising power to grant the extension of time to file opposition, the Registrar of Trademarks must be satisfied that the circumstances are such as to justify an extension of time with a further rider that the extension granted shall not exceed a period of more than one month at a time, provided that the total period of such extensions shall not exceed six months against each statutory period prescribed---Registrar should act with proper application of mind inasmuch as the powers conferred by the Rule do not permit the Registrar to entertain and grant extension in a mechanical or perfunctory manner. A perusal of Rule 76 of the Revised Trade Marks Rules, 1963 ('the Rules') clearly expounds that, while exercising power to grant the extension of time to file opposition, the Registrar of Trademarks must be satisfied that the circumstances are such as to justify an extension of time with a further rider that the extension granted…

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