Background
The petitioner, Vijay Kumar Salwani trading as M/s Modern Namkeen Bhandar, challenged the removal of his registered Trade Mark No. 641088 on the ground that no mandatory notice under Section 25(3) of the Trade Marks Act, 1999 was issued before the removal.
Government's Response
The Union of India admitted that while a notice was claimed to have been issued, the department had no available record to prove that the notice was actually sent.
Court's Observations
The Court held that issuing a notice under Section 25(3) is mandatory before removal of a trademark. Without proof of dispatch, the removal could not be sustained.
Judgment
The Court set aside the removal of the petitioner’s trademark and ordered its restoration. It allowed the Trade Marks Registry to issue a fresh notice and gave liberty to the petitioner to file for renewal. Further, the Court directed the Registry to process such renewal applications without technical objections in similar cases where no record of notice existed.
Case title: Vijay Kumar Salwani Vs. Union of India
Date of order: 28 May 2019
Case No.: W.P.(C) 9270/2015
Name of Court: High Court of Delhi
Name of Judge: Hon'ble Mr. Justice J.R. Midha
