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IN THE HIGH COURT OF DELHI AT NEW DELHI
C. Hari Shankar, J.
Pernod Ricard India Private Limited – Appellant
Versus
Mohan Meakin Limited & Anr. – Respondents
C.O. (COMM.IPD-TM) 293 of 2021
Decided On : 17-04-2023
Trademark - Dispute over expired mark - The dispute became academic as the impugned mark had expired and the respondent did not intend to renew it. The Registrar of Trade Marks undertook to rectify the position of the register within three weeks, leading to the disposal of the petition.
Fact of the Case:
Dispute over an expired trademark mark, which was still reflected on the Registrar of Trade Marks website.
Finding of the Court:
The dispute was considered academic as the mark had expired and the respondent did not intend to renew it. The Registrar of Trade Marks undertook to rectify the position of the register within three weeks, leading to the disposal of the petition.
Issues: Dispute over the validity of an expired trademark mark and its reflection on the Registrar of Trade Marks website.
Ratio Decidendi: The dispute became academic due to the expiration of the mark and the respondent's intention not to renew it. The undertaking by the Registrar of Trade Marks to rectify the register's position led to the disposal of the petition.
Final Decision: The petition was disposed of as the dispute was considered academic due to the expiration of the mark and the respondent's intention not to renew it.
JUDGMENT (Oral)
1. Mr. Navdeep Suhag, learned Counsel for Respondent 1, submits on instructions, that this dispute has become academic as the impugned mark of Respondent 1 has expired and Respondent 1 does not intend to renew the mark.
2. Mr. Waseem Ahmed, learned Counsel for the petitioner, submits that, however, the mark continues to be reflected on the website of the Registrar of Trade Marks as registered.
3. Mr. Paikaday, who appears on behalf of the Registrar of Trade Marks, undertakes that the position of the register would be rectified within a period of three weeks from today.
4. As such, recording the aforesaid submissions, the dispute in question does not survive for consideration.
5. The petition is accordingly disposed of.
6. Let the order be uploaded on the website of this Court within 24 hours.
The court directed the Registrar to correct the status of the expired trade mark on the website of the Registrar of Trade Marks.
The court's decision was influenced by the assurance from the respondent's counsel regarding the Registrar of Trademarks taking a decision on the petitioner's application within six weeks.
The court has the authority to direct the timely disposal of pending applications for trademark registration.
The court emphasized the importance of the Registrar's decision on the petitioner's request for abandonment being made within a specified time frame and in accordance with principles of natural justi....
The central legal point established in the judgment is the interpretation of Section 25(3) of the Trade Marks Act, emphasizing the mandatory nature of the renewal notice and the entitlement of the pe....
Procedural ambiguities in trademark laws should favor the substantive rights of opponents, ensuring that minor delays do not unjustly negate the right to contest trademark registrations.
The Registrar of Trade Marks cannot condone delay in review applications beyond the period prescribed by Trade Marks Rules, affirming adherence to statutory timelines.
The court established that the Registrar's failure to notify the registered proprietor of trademark expiration allows for renewal applications by the assignee as long as the trademarks remain registe....
A trademark application may be reconsidered if the applicant can demonstrate that prior decisions were not communicated, allowing for appeals beyond the standard time limit under specific circumstanc....
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