Without A Notice Under Trade Marks Act, Removal Of Trademark From Register Cannot Be Recognized: Bombay HC

The Bombay High Court recently opined that in the absence of a notice issued under sub-section (3) of Section 25 of the Trade Marks Act, any removal of the trademark from the register of the trademarks as maintained by Registrar cannot be recognized. Moreover, in such a situation, the right of the proprietor of the trade mark to renew the trademarks, by making an application and by submitting the prescribed fees would also stand recognized, the Court said.

Background

Division bench of Justice GS Kulkarni and Justice FP Pooniwalla were hearing a writ petition filed by Motwane Pvt Ltd. According to their petition, they had registered the trade mark "MOTWANE", which was renewed until February 17, 1983. The said marks are stated to have been in continuous use by the petitioner in its business since 1976, and it is their contention that post February 17, 1983, the registration of these marks remained to be renewed. However, the marks continued to be reflected as the