Interlocutory petitions means other than final judgement, interlocutory petitions in Trademark Act are generally filed by the parties where immediate relief or some kind of immediate order other than final judgement over the case is required.
Let us elaborate this by way of example, suppose there exists a Trademark opposition or rectification proceedings between the parties, where one party has missed the opportunity to file for evidence and now seeks the permission of the Registrar to file for the evidence, the interested party may proceed this extension or grant of filing of evidence at later stage by way filing interlocutory petition.
So, basically filing of evidence which is a procedural and integral part of the trademark opposition or rectification proceedings, anything to be decided over such part of the proceedings whether to be admitted, extended or extension etc. may be decided by the registrar by way of giving order over the interlocutory judgement filed by the parties.
So, in simple words any issue that is to be decided over the matter before the final judgment over the facts, may be stated by the parties by way interlocutory petition.
In Trademarks, the party request such clarification by way of filing a formal petition along with the Govt. fees payable.
It is to be noted that it is up to the Trademark registrar to accept or reject the interlocutory petition so filed.
In case the registrar decides to accept the interlocutory petition, the registrar has to accord hearing by giving notice in advance to both the parties.
Interlocutory petitions can be filed for seeking interim relief or prayer before the final conclusion of the matter, it may also be filed for seeking extension of time for filing evidence, for filing of additional documents, for seeking rejection on procedural grounds etc. There can be various reasons for which one may file for interlocutory petition.
In case you need any assistance for filing interlocutory petitions, please feel free to mail us about your case at firstname.lastname@example.org