Background
L'Oréal S.A. filed an appeal under Section 91(1) of the Trade Marks Act, 1999, challenging the order dated 24 September 2019, whereby the registration of its trademark "GARNIER SKIN NATURALS" (Registration No. 1021740) in Class 3 was removed. The trademark had been in use since 2001 and was initially registered to Laboratoire Garnier Et Cie, which later merged with L'Oréal. The appellant filed for a change in ownership in 2012, which was duly recorded.
Discovery of Removal
In 2017, during a random website check, L'Oréal discovered that the subject mark was slated for removal due to non-renewal. They promptly filed an interlocutory petition for renewal and restoration on 5 January 2018. Despite this, the trademark was removed without allowing L'Oréal to pay the renewal fee.
Arguments
L'Oréal contended that they had not received the mandatory renewal notice under Section 25(3) of the Act, which was a precondition before removal. In defense, the Registrar of Trademarks produced a copy of the notice dated 6 April 2011 but failed to provide proof of its dispatch. L'Oréal consistently denied receiving any such notice.
Court's Findings
The Court observed that mere production of the notice without proof of dispatch could not suffice. Since L'Oréal filed the interlocutory petition before the actual removal and asserted non-receipt of notice, the removal of the mark was found unjustified.
Conclusion and Directions
The Court set aside the impugned removal order, directed restoration and renewal of the trademark, and instructed L'Oréal to deposit the renewal fee within two weeks.
Case title: L’Oréal S.A. Vs. Registrar of Trademarks
Date of order: 9 December 2022
Case No.: C.A.(COMM.IPD-TM) 30/2021
Name of Court: High Court of Delhi
Name of Judge: Hon'ble Mr. Justice Sanjeev Narula
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