The brief facts are that the petitioner, owner of the trademark “NATURE'S WEALTH RESTORES HEALTH” registered in class 05 under registration number 1061417, sought renewal of the mark for the period 2021–2031. The initial application for renewal had succeeded for the previous term, but the petitioner was later unable to access the portal to file the new renewal request. After filing an RTI application, the petitioner received a reply from the Registrar stating that the renewal request could not be accepted as it had not been filed with the requisite fee.
Procedurally, the petitioner filed this writ petition challenging the Registrar’s letter dated 30.10.2024 rejecting the renewal application and sought a consequential direction to process and accept the renewal. The petitioner argued that the trademark had never been formally removed from the Register, and as long as it remained on the register, the proprietor had a statutory right to seek renewal.
The dispute centered on whether the Registrar could reject the renewal request solely because the application and fee were not simultaneously filed, especially when the trademark had never been officially removed from the register.
In discussion, the Court considered the judgment in Jaisuryas Retail Ventures Private Limited v. The Registrar of Trademarks, 2024:MHC:3109; 2024(100) PTC 25 (Mad), where it was held that a proprietor is entitled to renewal unless the mark has been removed from the register following the procedure under the Trade Marks Act, 1999. Observing that the Registrar had not taken any steps to remove the mark as prescribed by law, the Court concluded that the petitioner’s renewal request ought to have been entertained.
The Court quashed the impugned communication dated 30.10.2024 and directed the Registrar to receive and process the renewal application for the period 2021–2031, subject to payment of requisite fees, within thirty days. The Court also directed that access to the portal be provided or the renewal be accepted in physical form.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi.
