https://www.taxtmi.com/caselaws?id=242252 Time spent in bona fide prosecution of a rectification petition before a forum lacking territorial jurisdiction may be excluded when assessing delay, provided the party acted diligently and did not abandon the remedy. The earlier petition was filed promptly after trade mark registration, returned only for want of jurisdiction, and was pursued in the proper forum immediately thereafter. On that basis, the petition was not treated as belated merely because it was ultimately filed in the correct forum later. The dismissal on delay was unsustainable, and the matter was remitted for fresh adjudication on merits. en-us Wed, 27 Nov 2013 00:00:00 +0530 Sat, 11 Jan 2014 05:28:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=242252 Time spent in bona fide prosecution of a rectification petition before a forum lacking territorial jurisdiction may be excluded when assessing delay, provided the party acted diligently and did not abandon the remedy. The earlier petition was filed promptly after trade mark registration, returned only for want of jurisdiction, and was pursued in the proper forum immediately thereafter. On that basis, the petition was not treated as belated merely because it was ultimately filed in the correct forum later. The dismissal on delay was unsustainable, and the matter was remitted for fresh adjudication on merits. Case-Laws Companies Law Wed, 27 Nov 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=242252