IPAB sets aside order denying trademark to Rasi Seeds

Trademark application was for its word mark 'Breeding Excellence'

The Intellectual Property Appellate Board (IPAB) has set aside an order of the Trade Mark authority for a trade mark application filed by Rasi Seeds Pvt Ltd for its word mark "Breeding Excellence".

Issuing an order on an appeal filed by Rasi Seeds, the board said that the order of Assistant Registrar of Trade Mark was not a speaking order.

The order was issued in an appeal filed by Rasi Seeds against an order passed by the Assistant Registrar of Trade Mark in December, 2014, refusing its application for the registration of the trade mark for the word mark "Breeding Excellence".

First the Assistant Registrar has issued the order without giving any detailed explanation for denying the apllication and gave a short order when the company sought for a detailed order, it argued in the IPAB.

This act of the Assistant Regstrar of Trade Mark was criticised by IPAB as "most unwarranted, unreasonale and unjustified".

"It is seen that in the earlier order, it is stated that under Section 9 & 11 of the Act, while in the order issued on December 19, 2014, only Section 9 is refered," said the Board. The board added that while the company submitted documents to show the proof, there was no reference in the order related to this.

The IPAB issued order to set aside the Assistant Registrars order with directions to the Trade Mark Office to consider the matter afresh.