The Delhi High Court (DHC), dealing with maintainability of Letters Patent Appeal (LPA) filed against the order of Single-judge of the DHC against the decision of Registrar of Trademarks, has held that Registrar of Trademarks is not a Civil Court to be susceptible to bar of Section 100A of CPC, 1908. The DHC opined that LPA will not be available where a special statute subjects the appeal remedy to follow the rules applicable to appeals and embodied in the CPC. However, since Section 91 of the Trade Marks Act, 1999 does not prescribe the appellate remedy to be governed by the provisions of the CPC therefore, LPA lies against the order of Single-judge of High Court.
