The case concerned the fate of the historic ‘YEZDI’ trademark after Ideal Jawa’s winding-up proceedings, where the company had ceased production since 1996 and the Official Liquidator neither renewed nor protected the mark for over 15 years. The Single Judge had held Ideal Jawa to be the continuing owner and declared later registrations in favour of Mr. Boman Irani as void; however, on appeal, the Division Bench examined the factual background of the liquidation, the complete absence of use, the omission of the trademark from the valuation and sale of assets, and the expiry and removal of the registrations. It held that the trademark and any associated goodwill had entirely dissipated due to prolonged non-use, non-renewal and inaction of the OL, that no rights survived in favour of the company in liquidation, and consequently allowed the appeals and set aside the impugned order.
Law Settled:
Service of notice on the trade mark agent of the company would amount to service of notice on the company. [Para 79]
A trademark not renewed and not used for decades loses all common-law and statutory protectability; goodwill does not survive prolonged non-use. Classic Legends Pvt. Ltd. v. Tide Water Oil Co. (India) Ltd., paras 67
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation[
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
