The has allowed Colgate-Palmolive to bring six renewed trademark registration certificates onto the record in its 1996 infringement suit against , ruling that the late-tendered documents cannot be dismissed as irrelevant.
Justice Somasekhar Sundaresan, hearing the dispute, observed that
"Colgate has paid a disproportionate price for its attorneys' failure to have tabled the six
on
."
Nevertheless, the court declined to impose costs on the company, accepting the certificates as relevant to the issues framed in the suit.
The six certificates, issued by the in , will now be marked as Exhibits P-50 to P-55. Two additional certificates will be marked as Exhibits P-56 and P-57. The parties are required to appear before the court commissioner within a week of the order being uploaded for directions on further proceedings.
A 1996 suit, a 2019 production gap
and filed the suit on , seeking against and , along with damages. The case concerns the validity and subsistence of certain trademark registrations held by Colgate, which Anchor disputed.
The immediate controversy arose from a procedural gap. Colgate tendered six renewed —commonly referred to as —before a court commissioner on . The had issued the certificates on . But when Colgate's witness affidavit was taken on record on , the certificates were not produced before the court. Anchor objected to their admission at that stage.
Colgate moved an application on , seeking to have the certificates admitted into evidence. The court directed that of Colgate's witness could continue only after the admission application was decided.
Anchor's objections centered on authenticity. It questioned whether the certificates could be traced to the original Registry files, pointing to difficulties with reconstructed records. Anchor argued, in effect, that the late production and the condition of the Registry records made the certificates unreliable.
Relevant, but not yet authentic
The court held that the certificates were relevant to the issues framed in the suit, particularly whether five trademark registrations were valid and subsisting. The sixth registration was already represented by an exhibit on record. Relevance, the court said, did not depend on proving the documents' authenticity at the admission stage.
The court looked to . Registration, the court observed, constitutes of validity in all legal proceedings. Certified entries in the register can be admitted without further proof or production of the original. That statutory framework supported admission of the Registry-issued .
At the same time, the court made clear that admitting the certificates does not establish their authenticity or the truth of their contents. Anchor can still challenge the Registry records and contest the of the certificates at trial. What Anchor cannot do, the court said, is reopen the question of the —the procedural channel through which the certificates are brought into evidence.
The distinction matters practically. Colgate won the threshold battle to have the documents placed before the court, but Anchor is not foreclosed from attacking their substance. The authenticity dispute may now be fought out during and final arguments rather than at the stage.
A costly delay, but no
The judge's observation that Colgate had "paid a disproportionate price" drew attention to the consequences of the company's attorneys' failure to table the on . The delayed tender triggered Anchor's objection, stalled the of Colgate's witness, and turned what should have been a routine production of registry certificates into a contested .
Despite that, the court declined to saddle Colgate with costs. The ruling suggests that the late filing was treated as a procedural lapse by counsel rather than a deliberate attempt to gain an advantage. The absence of a also leaves the substantive dispute—Colgate's infringement claims and Anchor's challenge to the registrations—to be resolved .
Next stop: the court commissioner
The order clears the way for of Colgate's witness to resume before the court commissioner. Both parties must appear within a week of the order's upload to seek directions. The six renewed certificates will form part of the evidence along with two additional certificates, extending the documentary record in a case that has already been pending for nearly three decades.
For trademark litigants, the ruling is a reminder that registration certificates carry and may be admitted even when tendered late, provided they are relevant. But it also underscores the limits of such an order: admission is not authentication. A party resisting the documents may still challenge the underlying registry records and test the weight of the certificates at trial.
The immediate focus now shifts to the commissioner's proceedings, where the course of and the practical handling of the newly admitted exhibits will be worked out. With the dispute resolved, the suit can move toward the remaining stages of trial.