The petitioners filed writ petitions (WP(C) No.7084, WP(C) No.7085, and WP(C) No.7087 of 2010) seeking correction of the status of their trademark applications, which were wrongly shown as "abandoned" by the Trade Marks Registry. The respondents were represented by Mr. M. Dutta, Adv.
The petitioners had applied for the registration of the trademarks "PARAS PREMIUM" and "PARAS LABEL" in English and Hindi, respectively. The Trade Marks Registry raised objections, and despite the petitioners' compliance and correspondence, the applications were treated as abandoned due to procedural defaults or non-appearance at hearings. The petitioners sought restoration of their applications and a direction to correct the status to "pending."
The court found that the Act does not specifically provide for abandonment of applications due to non-response to objections, but the Rules do provide for such abandonment if the applicant fails to amend the application or submit observations within three months.
The court ruled that the Rules are not contrary to the Act and serve a purpose by requiring prompt responses to the Registrar's communications. The court also held that the Registrar has the discretion to extend the time for response in appropriate cases, making the provisions of the Rules directory rather than mandatory.
The court emphasized the importance of natural justice and the need for the Registrar to provide a show cause notice or opportunity of hearing before treating an application as abandoned. The court quashed the impugned orders treating the applications as abandoned and directed the Registrar to provide notice to the petitioners to show cause why their applications should not be deemed abandoned. The petitioners are entitled to seek an extension of time, and the Registrar must pass a speaking order after considering the applicant's plea.
Case Citation: Paras Natural Spring Water Vs Registrar of Trademark: 28.11.2023/WP(C) No.7084 of 2010 /2024:DHC:6132: Delhi High Court:V.K.Jain H.J.
Written By: Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
