LLM Group 3 Law of Intellectual Property and Information Technology Law of Trademarks 2025-26 - Set 2 Question Paper with Solutions

For full marks, cover: three descriptive heads, POWERS, FUNCTIONS and JURISDICTION, and then an ANALYSIS. The analysis is what distinguishes this question: explain what makes a power QUASI JUDICIAL, show that the Registrar's powers in opposition, rectification and the like have those features, identify the safeguards the Act builds in, and assess how the courts supervise him. Use Ashok Chandra Rakhit for the nature of his discretion and Patel Field Marshal for the relation between his jurisdiction and the courts'.

Subject matter jurisdiction, exclusive. Only the Registrar decides APPLICATIONS for registration under SECTION 18, OPPOSITIONS under SECTION 21, applications by COLLECTIVE AND CERTIFICATION mark proprietors under SECTIONS 64 AND 71 TO 74, REGISTERED USER applications under SECTIONS 49 AND 50, CORRECTION of the register under SECTION 58, ALTERATION of marks under SECTION 59, RENEWAL AND RESTORATION under SECTION 25, and applications for PRELIMINARY ADVICE on distinctiveness under SECTION 133.

Subject matter jurisdiction, shared with the High Court. REMOVAL FOR NON USE under SECTION 47 and RECTIFICATION under SECTION 57 lie to the Registrar OR the HIGH COURT, and SECTION 125(2) lets the Registrar REFER a rectification application to the High Court at any stage.

Where his jurisdiction ends. He has NO JURISDICTION over INFRINGEMENT OR PASSING OFF suits, which lie to a District Court or above under SECTION 134. Where the validity of a registration is questioned in an infringement suit, SECTION 125(1) sends the rectification application to the HIGH COURT, not the Registrar. And every order he makes is subject to APPEAL to the HIGH COURT under SECTION 91.

International. Transmitting international applications under SECTION 36D and examining international registrations designating India under SECTION 36E.

Enforcement support. Giving his OPINION to the police before search and seizure under SECTION 115(4), making complaints where the Act requires, and authorising ADJUDICATING OFFICERS to impose the penalty under SECTION 107, under SECTION 112A.

Powers

Civil court powers: section 127(a). In all proceedings before him, the powers of a CIVIL COURT for RECEIVING EVIDENCE, ADMINISTERING OATHS, ENFORCING THE ATTENDANCE OF WITNESSES, COMPELLING DISCOVERY AND PRODUCTION OF DOCUMENTS and ISSUING COMMISSIONS.

Costs: section 127(b). To award COSTS executable as a DECREE, on the scale in the Rules.

Review: section 127(c). To REVIEW HIS OWN DECISION on application.

Discretion subject to hearing: section 128. No discretionary or other power may be exercised ADVERSELY to an applicant WITHOUT AN OPPORTUNITY OF BEING HEARD, if asked for within time.

The Registrar's quasi judicial powers. Measured by that test, the Registrar acts quasi judicially when he:

decides OPPOSITIONS under SECTION 21, a contest between applicant and opponent on pleadings, affidavit evidence and a hearing; decides applications for REMOVAL under SECTION 47 and RECTIFICATION under SECTION 57, where a person aggrieved seeks to take away a registered right; REFUSES or CONDITIONALLY ACCEPTS an application under SECTION 18(4), which affects the applicant's claim to a statutory right; permits registration on HONEST CONCURRENT USE under SECTION 12, balancing the rights of two traders; VARIES OR CANCELS a registered user under SECTION 50; RESTORES a removed mark under SECTION 25(4), having regard to others' interests; approves or certifies ASSIGNMENTS under SECTIONS 40 AND 41; and REVIEWS his own decisions under SECTION 127(c).

The features that prove it. The Act gives these proceedings every hallmark of adjudication. There are PARTIES and PLEADINGS (notice of opposition, counterstatement). There is EVIDENCE, by affidavit under SECTION 129, with the powers of a civil court over witnesses and documents under SECTION 127(a). There is a HEARING, guaranteed by SECTION 128 and regulated by RULE 50. There are REASONS, required by SECTION 18(5). There are COSTS under SECTION 127(b). And there is an APPEAL to the High Court under SECTION 91.

His rectification jurisdiction is the same as the court's. Patel Field Marshal Agencies v. P.M. Diesels Ltd., AIR 2017 SC 5619, decided on the corresponding provisions of the 1958 Act, holds that the rectification jurisdiction of the tribunal and the jurisdiction exercised when invalidity is raised in a suit are ONE JURISDICTION under two procedures that do NOT RUN IN PARALLEL. The Registrar's rectification power is therefore a true adjudicatory power, integrated with the civil courts' work.

Safeguards, and their limits. The quasi judicial model protects parties through hearing, reasons and appeal. But it has limits worth noting critically. The Registrar is an ADMINISTRATIVE OFFICER, appointed and controlled by the executive, not a judge. His officers carry heavy caseloads. Extensions of time under SECTION 131 are unappealable and may be granted without hearing. And his REVIEW power under section 127(c) sits alongside the right of appeal, which requires care to prevent duplicate proceedings. The APPEAL to the HIGH COURT under SECTION 91, and the High Court's WRIT jurisdiction under ARTICLE 226, are the ultimate guarantees that his quasi judicial powers are exercised lawfully.

Conclusion. The REGISTRAR, who is the CONTROLLER GENERAL under SECTION 3(1), acting through officers under SECTIONS 3(2) AND 4, exercises TERRITORIAL JURISDICTION through the head office at MUMBAI and branches at DELHI, KOLKATA, CHENNAI AND AHMEDABAD under SECTION 5 and RULE 4, EXCLUSIVE jurisdiction over applications, oppositions, registered users, correction, renewal and restoration, and jurisdiction SHARED with the HIGH COURT over removal and rectification under SECTIONS 47 AND 57, but none over infringement suits, and none over validity raised in a suit under SECTION 125. His FUNCTIONS are keeping the REGISTER, CLASSIFICATION, EXAMINATION, ADVERTISEMENT, REGISTRATION, RENEWAL, RECORDING TRANSFERS, WELL KNOWN MARK DETERMINATIONS, MADRID work and enforcement support.