Modi Paints and Varish Works Vs Sanjay Gupta

Non Renewed Registered Trademark are no more in existence

Introduction:

Trademark registration is a crucial aspect of intellectual property law, providing businesses with the exclusive rights to use distinctive signs to identify their products or services. However, the continued protection of a trademark depends on timely renewals. Failure to renew a trademark results in its expiration, leading to the loss of exclusive rights. This article explores the legal implications of non-renewed registered trademarks, with a focus on the case C.O. (COMM.IPD-TM) 324/2021 concerning the trademark 'MODI CRYL'.

Case Background:

Parties Involved:

The petitioner in this case was Modi Paints and Varnish Works, who sought the removal of the trademark 'MODI CRYL' under Registration No. 1689069 in Class 2. The respondents were Sanjay Gupta and Anr., with Sanjay Gupta being the proprietor of the trademark in question.

Trademark Status:

The trademark 'MODI CRYL' was registered in the name of Sanjay Gupta, but its validity expired on May 21, 2018, due to non-renewal. As of July 8, 2024, the online status report indicated that the trademark was still listed as "Registered," although its non-renewal pointed to an inevitable removal.

Legal Analysis:

Trademark Renewal and Expiration:

Under trademark law, a registered trademark must be renewed periodically to maintain its validity. The failure to renew a trademark results in its expiration, effectively removing the exclusive rights previously granted to the trademark holder. This principle was at the heart of the case involving 'MODI CRYL'.

Petition for Removal:

Modi Paints and Varnish Works filed a petition seeking the removal of the trademark 'MODI CRYL' on the grounds of non-renewal. The legal basis for this petition was straightforward: the trademark had not been renewed after its validity expired on May 21, 2018. This non-renewal rendered the trademark non-existent in the eyes of the law, and therefore, the petitioners sought formal recognition of this fact.

Court's Decision:

On July 9, 2024, the court disposed of the petition. The court noted that the trademark 'MODI CRYL' was valid only until May 21, 2018, and had not been renewed thereafter. As a result, the trademark was no longer subsisting. The court concluded that the prayer sought by the petitioners had already been satisfied by the expiration of the trademark due to non-renewal, thus rendering the petition moot.

Implications of the Decision:

Confirmation of Legal Principles:

This case reaffirms the fundamental legal principle that trademarks must be renewed to remain in force. Non-renewed trademarks lose their legal protection and are effectively considered non-existent. This outcome underscores the importance for trademark holders to diligently monitor and renew their trademarks to avoid the loss of rights.

Practical Considerations for Trademark Holders:

Trademark holders must be vigilant in managing their trademark portfolios. Regular monitoring of renewal deadlines and ensuring timely renewals are essential practices to maintain trademark protection. The failure to do so not only results in the loss of exclusive rights but also exposes the brand to potential misuse by others.

Author's Ending Note:

The case of C.O. (COMM.IPD-TM) 324/2021 serves as a clear reminder of the critical importance of trademark renewals in maintaining the legal protection of a brand. The court's decision underscores that non-renewed trademarks are effectively removed from the register, confirming their non-existence in the eyes of the law. Trademark holders must take proactive steps to ensure their trademarks are renewed in a timely manner to preserve their exclusive rights and avoid legal complications.

Case Citation: Modi Paints and Varish Works Vs Sanjay Gupta:09.07.2024: C.O. (COMM.IPD-TM) 324/2021:2024:DHC:5061: Delhi High Court, Minipushkarna, H.J.

Disclaimer:

The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.

Written By: Advocate Ajay Amitabh Suman

IP Adjutor [Patent and Trademark Attorney]

Email: ajayamitabhsuman@gmail.com

Mob No.:+91-9990389539