This writ petition raises a question as to whether the Registrar of Trade Marks can allow a notice of opposition to the registration of a trade mark to be given beyond the period prescribed under Section 21 of the Trade Marks Act, 1999.

2. In other words, this writ petition raises the question as to whether the Registrar of Trade Marks can receive a notice of opposition to the registration of a trade mark given beyond the period prescribed under Section 21 of the Trade Marks Act, 1999.

3. The short facts leading to the filing of this writ petition are hereunder:

The petitioner and the respondent 3 herein are both companies engaged in the manufacture and marketing of alcoholic beverages including Indian Made Foreign Liquor (IMFL). One of the brands under which the petitioner sells its alcoholic beverages being whisky is known as Officer’s Choice. The petitioner claims that the product under this brand name is in the market since 1988, but the petitioner became the proprietor thereof from 23rd February, 2007. The trade mark registration for the mark Officer’s Choice in Class No.33 in respect of alcoholic beverages namely, whisky has been registered under Registration No.