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2023 Supreme(Del) 700

AMIT BANSAL
Charanjiv Kumar Taneja Trading as Chirag Enterprises – Appellant
Versus
Registrar of Trade Marks – Respondent


Advocate Appeared:
Mr. Vikas Khera, Mr. Vishal Sharan and Mr. Ved Prakash, Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat and Mr. Alexander Mathai Paikaday, Advocates.

JUDGMENT :

Amit Bansal, J.

The present petition has been filed seeking a direction to the respondent/Registrar of Trade Marks to restore the Trademark Application No. 576003 in class 28 filed on behalf of the petitioner.

2. As per the facts stated in the petition, the trademark “TIGER” (device) was registered in favour of the petitioner in class 28 on 26th June, 1992. A renewal application was filed in June, 1999 and the renewal was granted for a period of seven years expiring on 26th June, 2006. Thereafter, the petitioner did not apply for any further renewal. After a hiatus of sixteen years, the petitioner tried to file a renewal application through online mode in April, 2022. Upon not being successful, the petitioner filed an RTI application on 26th April, 2022. A response was received to the said RTI application, wherein it was stated that O 3 notice as mandated under Rule 58 read with Section 25(3) of the Trade Marks Act, 1999 was generated on 21st March, 2016, however, details thereof were not traceable. Subsequent requests were made on behalf of the petitioner on 23rd August, 2022 and 13th September, 2022 seeking renewal of the mark, which were not acceded to.

3. Accordingly, th

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