Proceedings Under S.45 Of Trademarks Act Not A Mere Administrative Function, Reasoned Order Must Be Given: Bombay HC

Recently, the Bombay High Court in a petition filed by Electonica India Ltd. against Electonica Hitech Machines Private Limited (respondent no 1) and others, found it appropriate and fit to remand back the matter to the Trademark Registry for them to reconsider it, having decided that the registry had failed to pass any reasoned order while allowing the trademark registration of respondent no. 1.

Justice RI Chagla while passing the order made it explicitly clear that the proceedings under Section 45 of the Trade Marks Act cannot be merely an administrative function particularly since the Sub-Section 2 of Section 45 of the Trade Marks Act read with Rule 77 of the Rules provides that the Registrar may require the applicant to furnish such proof of title over the concerned trademarks which the Registrar may require for his satisfaction.