Procedural Flexibility in Trademark Evidence: The Impact of the Black Diamond Motors Judgment

Introduction : Trademark opposition and rectification proceedings depend heavily on documentary evidence. Parties must establish prior use, reputation, ownership, distinctiveness, bad faith and other facts that cannot ordinarily be proved through pleadings alone. Rule 45 of the Trade Marks Rules 2017 prescribes a two-month period for filing evidence in support of opposition or rectification proceedings. The legal controversy has been whether this period is mandatory, so that failure to file...