The IPAB (Intellectual Property Appellate Board) through its Technical member S. Ravi overturned the order of the Deputy Registrar in the Sony Corporation (label) case. The story begins where the deputy Registrar M.C. Gupta refused to upheld the opposition filed by Sony Corporation. The reasons behind his decision were simple and straight as Sony was not able to produce any evidence in support of its usage in class 25. But on an appeal the Appellate Board not only set aside this order but also criticized the Deputy Registrar in very harsh and strong words.
In the words of the IPAB “We are amazed at how far and to what extent the learned Deputy Registrar laboured with his analytical rigour to justify his decision to extend statutory protection in favour of the respondent but the devastating negative impact such rulings send a wrong signal to the international business community and give a needless opportunity for elements inimical to the country’s IPR interest to finger point the absurdity of such decision. We need to make a few pointed observations how the Deputy Registrar cleverly and with phony reasoning circumvented the law.” however, it is very surprising to see that the IPAB’s words are so harsh despite of the fact that the registrar’s decision was based on precedents and principles. Also, the IPAB fails to address the authority case laws mentioned by the Deputy Registrar in its decision.