legal proceeding certificate
A trademark is evidence of an entry in the Trademarks register. The intellectual property offices in all countries issue a registration certificate for a trademark. It is a vital piece of document that is a part of the trademark registration process. In this article, we take a look at the importance of a trademark legal proceeding certificate.
What is a trademark legal proceeding certificate?
A legal proceeding certificate is a document that gets issued from the Registrar of Trademarks once the trademark registration gets completed. When there are legal cases, they won’t get entertained in courts if the complainant does not have the legal proceeding certificate. The trademark certificate has a mention at the bottom that the document is not valid for legal use.
Why do I need a trademark legal proceeding certificate?
If you want to get into any legal proceedings, it is vital to obtain a legal proceeding certificate. You will have to get it from the Registrar of Trademarks and before the trial begins. When it is about trials, you can file for the certificate of registration. You can submit the legal proceeding certificate during trials.
Case law related to trademark legal proceeding certificate
The Delhi High Court, on August 27, 2019, made a ruling in the Amrish Agarwal vs. Venus Home Appliances case. They stated that a legal proceeding certificate is mandatory for the filing of a complaint about trademark infringement. The certificate got filed during the closing arguments in the lawsuit. Both the parties made arguments.
There was an argument that the legal proceeding certificate should not get submitted during the final arguments. It received a counter reply that the certificate got submitted for the record and exhibited. The Delhi High Court ruled that it is
necessary to send the legal proceeding certificate or certificate of registration at the initial stage. They accordingly imposed a fine of INR 50,000 on the respondent for a late submission.
The Court also ruled that if the certificate is not available during the filing of the suit and urgent injunction orders are sought, it is necessary to submit the certificate of registration. Furthermore, a copy of the trademark journal and
the current status sheet of the Trademark Registry’s website is also essential.
The case is an example as the Court ruled that the parties cannot deny the registration factum during admission and denial. Other facts related to the registration also remain verifiable from the Registry’s online records.
Bottom line
When it comes to obtaining a legal proceeding certificate, you cannot afford any risks. It is essential to obtain the certificate at the earliest in case of legal proceedings. You will need the help of a reliable partner that can help you get the legal proceeding certificate seamlessly.
At Adhoclegal, we offer services related to legal proceeding certificates. We make all the effort to ensure you get the certificate at the earliest. Contact us today to know more details about our services.
