Setting aside the Registrar’s Order, the IPAB has recently allowed permitting the mark, ‘NOKIA’, to be declared as a well-known mark in India. The Appellate Board was of the view that the Order rejecting the application was passed without application of the mind and was against the law. The primary observation by the IPAB was that the Respondent-Registrar ought to have taken due care and consideration to the evidence submitted by the Appellant which could have prevented an appeal to the IPAB.

The Securities Appellate Tribunal on 13-5-2016,  has held that even though a merchant banker has to employ its own independent due diligence, in practice, it operates with a limitation that its due diligence is based on the material brought before it by the Issuer Company.