Case Title: Ambika Industrial Corporation Vs. Registrar of Trade Marks:Date of Order: 26th May, 2025:Case Number: W.P.(C)-IPD 35/2022:Neutral Citation: 2025:DHC:4865:Name of Court: High Court of Delhi:Name of Judge: Hon’ble Mr. Justice Amit Bansal
The petitioner firm, Ambika Industrial Corporation, is the registered proprietor of the trademark "AMBIKA". Respondent No. 2, a former partner of the petitioner firm who had retired in 1987, filed a Form TM-34 seeking change of address of the registered proprietor to his own address. The Registrar of Trade Marks allowed this request by an order dated 13th July 2018. The petitioner challenged this order, asserting that the respondent had no right to request such a change after retirement, and that the Registry acted without justification.
The dispute centered on whether the Registry was justified in altering the registered address of the trademark on the basis of a request from a person who was no longer associated with the registered proprietor.
The Judge observed that the petitioner firm remains the registered proprietor of the mark and that the impugned order lacked any reasoning or legal basis for the address change. Without entering into the merits of the parties’ partnership dispute, which is already pending in civil court, the Court held that the change of address could not be sustained.
The Court quashed the Registrar’s order dated 13th July 2018 and directed restoration of the trademark's registered address as it stood prior to the said order. It further directed that all communications from the Registry should be marked to both the petitioner firm and respondent No. 2.
