Resilient Innovations Pvt. Ltd. V. Phonepe Pvt. Ltd.

Division Bench held that a Letter Patents Appeal / an intra-court appeal would lie against a Single-Judge decision rejecting a rectification application u/s.57 of the Trade Marks Act, 1999 because the 1999 Act does not exclude it expressly or by implication.

An appeal under the Letters Patent (in this case, Clause 10), however, is an appeal under a special law, and not an appeal under the Act.

Additionally, in this case, the Ld. Single Judge ought to not have dismissed the rectification applications but instead kept them in abeyance; to be revived if the Hon’ble Court in the suit for infringement is satisfied and frames an issue regarding the validity of the Respondent’s trademark.