Case Title: Rakesh Kumar Mittal Vs. Registrar of Trade Marks:Date of Order: 27th May, 2025:Case Number: W.P.(C)-IPD 40/2024:Neutral Citation: 2025:DHC:4432:Name of Court: High Court of Delhi:Name of Judge: Hon’ble Mr. Justice Saurabh Banerjee
The petitioner applied for registration of the trademark MILTON in Class 9, which was granted on 30th May 2003 and was due for renewal on 6th May 2004. The trademark was removed from the Register due to non-renewal, as notified in the Trade Marks Journal dated 16th October 2010. The petitioner later discovered via an RTI response that the Registrar had not issued the mandatory Form O-3 notice before removing the mark, as required under Section 25(3) of the Trade Marks Act, 1999 read with Rule 64(1) of the Trade Marks Rules, 2002.
The dispute revolved around whether the removal of the registered trademark from the Register was valid when the Registrar had failed to issue the statutory notice informing the proprietor of the impending expiration and renewal conditions. The petitioner contended that without such notice, he had no knowledge of the expiry and hence could not file for renewal.
The Judge analyzed Section 25(3) and Rule 64(1), affirming that the issuance of Form O-3 notice is a mandatory precondition for the removal of a registered trademark. Citing binding precedents including Union of India v. Malhotra Book Depot (2013 SCC OnLine Del 828) and Cipla Ltd. v. Registrar of Trade Marks (2013 SCC OnLine Bom 1270), the Court held that failure to serve the notice rendered the removal illegal. The Court emphasized that statutory procedures must be followed step by step and that skipping mandatory steps vitiates the legality of administrative action.
The Court held the removal of the petitioner’s trademark MILTON from the Register to be unlawful and directed its restoration. It also directed that, upon filing appropriate applications and completing formalities, the trademark must be renewed for the periods 2004–2014, 2014–2024, and 2024–2034, and renewal certificates be issued accordingly.
No comments:
Post a Comment