Calcutta High Court
The Goodyear Tire And Rubber Company … vs Glorious Investments Limited And Anr on 1 August, 2026
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OIPD-3
ORDER SHEET
IPDATM/8/2023
IA NO.GA-COM/1/2025
IN THE HIGH COURT AT CALCUTTA
INTELLECTUAL PROPERTY RIGHTS DIVISION
THE GOODYEAR TIRE AND RUBBER COMPANY (ORA/22/2018/TM/KOL)
VS.
GLORIOUS INVESTMENTS LIMITED AND ANR.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 1st August, 2026.
Ms. Rajeshwari Prasad, Advocate for the applicant Sumitomo
Rubber Industries Limited.
Mr. Rudraman Bhattacharyya, Sr. Adv., Mr. Sankarsan Sarkar, Mr. Ayan Dutta, Ms.
Sanskriti Agarwal, Mr. Piyush Jain, Ms. Drishti Banerjee, Advocates for
respondent no.1.
RE : IPDATM/8/2023
The Court : IPDATM 8 of 2023 is an application for rectification of the
trade mark registered in the name of Glorious Investments Limited
(respondent no.1). This application was initially filed before the Intellectual
Property Appellate Board (in short ‘IPAB’). Subsequently with the
promulgation of the Tribunals Reforms Act, 2021 this rectification
application has got transferred to this Court and has been numbered as
IPDATM 8 of 2023.
The respondent no.1 has taken out an application for rejection and/or
dismissal of the said rectification application which is IA No.GA-COM 1 of
2025. Subsequently Sumitomo Rubber Industries Limited claiming to have
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been assigned the mark by the Goodyear Tire And Rubber Company (the
petitioner in the rectification application) filed an application for
substitution being IA No. GA-COM/2/2025. The substitution application
was disposed of by an order dated 2nd February, 2026 by allowing the same
in terms of prayers (a), (b) and (c) of the Master’s Summons. The prayers (a),
(b) and (c) are set out hereunder for ready reference :
a) The Applicant be permitted to be substituted in the name and stead
of the Petitioner herein in view of the Trademark Assignment
Agreement dated 17th July, 2025.
b) Application being I.P.D.A.T.M. No. 8 of 2023 be amended in red ink
in the manner as shown in the proposed amended application
annexed to the affidavit in support of the master summons and
marked as Annexure ‘B’;
c) The department of this Hon’ble Court be directed to carry out the
amendment in the Application as shown in Annexure “B” to the
affidavit in support of the Master’s Summons on the basis of the
orders to be passed herein within 4 weeks or within such time as
this Hon’ble Court may deem fit and proper;
It will appear from prayer (c) of the Master’s Summons which was
allowed by the order dated 2nd February, 2026 that the amendment was to
be carried out within 4 weeks from the date of the order or within such time
as this Hon’ble Court may deem fit and proper.
It appears that the amendment has not been carried out as yet
though the time to carry out the same has expired. This has left a technical
glitch as no order which may be passed in IPDATM 8 of 2023 or in GA-
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COM/1/2025 will be passed in the amended cause title which will lead to
further complication in drawing up and completing the order if the
applications are disposed of on the basis of the unamended cause title. The
order dated 2nd February, 2026 did not provide for any specific direction
upon the advocate for the applicant of the substitution application or the
original applicant to communicate the order dated 2nd February, 2026 to the
department for carrying out the amendment.
The obligation, therefore, is cast on the department to carry out such
amendment but for some reasons or the other the same has not been
carried out.
In the aforesaid facts and circumstances, the department is directed
to carry out the amendment as directed by the order dated 2nd February,
2026 by 10th August, 2026. The extension of time to carry out the
amendment is formal in nature under the peculiar facts and circumstances
of the case and will not amount to modification of the order dated 2nd
February, 2026.
The respondent no.1 has already used an affidavit to this rectification
application and the original petitioner has also used a reply thereto. The
substituted applicant now prays for using an affidavit in aid of the
rectification application. It is settled law that the substituted applicant has
to adopt the case made out by the original applicant/petitioner. There is no
need to file additional affidavit unless there is any substantial change in
facts which are required to be placed on record. The only change in
circumstances as recorded in the order dated 2nd February, 2026 is the
claim of the substituted applicant of the mark being assigned by the original
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petitioner vide agreement dated 17th July, 2025 and another agreement
dated 7th January, 2025. In such circumstances the substituted applicant is
entitled to bring such limited facts on record by filing a supplementary
affidavit.
Let a supplementary affidavit to this rectification application be filed
by the substituted applicant by 12th August, 2026; reply thereto, if any, be
filed by 23rd August, 2026. Let IPDATM 8 of 2023 appear in the list on 25th
August, 2026.
RE: GA-COM/1/2025
This application for rejection of the rectification application is awaiting
final adjudication after completion of affidavits. Affidavit-in-opposition has
already been filed by the original applicant (Goodyear Tire And Rubber
Company). The applicant in this application (respondent no.1) has already
used an affidavit-in-reply thereto. The substituted applicant now intends to
file an affidavit-in-opposition. It is settled law that the substituted party has
to adhere to the defence, if any already made out by the original applicant.
Unless there is any substantial change in circumstances, no fresh
opposition/objection is required from the substituted applicant for
adjudication of the issue. The only change in circumstances as recorded in
the order dated 2nd February, 2026 is the claim of the substituted applicant
of the mark being assigned by the original petitioner vide agreement dated
17th July, 2025 and another agreement dated 7th January, 2025.
In the aforesaid facts and circumstances, let affidavit-in-opposition by
the substituted applicant be filed by 12th August, 2026; reply thereto, if any,
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be filed by 23rd August, 2026. Let this application appear in the list on 25th
August, 2026.
(ARINDAM MUKHERJEE, J.)
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