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DELHI HIGH COURT
C.HARI SHANKAR
Modern Snacks Pvt. Ltd. – Appellant
Versus
Registrar of Trade Mark – Respondent
| Table of Content |
|---|
| 1. application for trademark registration details (Para 1 , 2) |
| 2. review application and previous order (Para 3) |
| 3. appeal process and limitation period (Para 4 , 5) |
| 4. respondent's arguments on belated appeal (Para 6 , 7 , 8) |
| 5. court's decision on appeal delay (Para 9 , 10) |
| 6. remand for reconsideration with conditions (Para 11 , 12 , 13 , 14) |
| 7. final order and next steps (Para 15 , 16) |
JUDGMENT
C. Hari Shankar, J.
1. The appellant applied for registration of the label "Modern Namkeen Karare Lal" as a device mark under Section 18 of the Trade Marks Act, 1999.
2. Vide order dated 1st July 2015, the application was rejected by the Assistant Registrar of Trademarks on the ground that the appellant had withdrawn its trademark application by letter dated 26/30th June 2015. The appellant applied for review of the aforesaid order under Section 127(c) of the Trade Marks Act.
3. The said review application stands rejected by the following order dated 10th July 2018:
"IN THE MATTER OF Application No. 1937329 filed in the name(s) of M/s. MODERN SNACKS (P) LIMITED
D - 44, PANKI SITE II, KANPUR, U.P
And
IN THE MATTER OF TM-M dated 29/07/2015 filed by M/s. S. SINGH & ASSOCIATES
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....
The central legal point established in the judgment is that the rejection of a renewal request should be justified, considering the communication of registration certificate and renewal notice, as pe....
Unilateral cancellation of a trademark registration without notice violates procedural fairness and natural justice principles.
The Registrar of Trade Marks cannot condone delay in review applications beyond the period prescribed by Trade Marks Rules, affirming adherence to statutory timelines.
Trademark registrations cannot be denied based on similarity when prior registrations exist, and the use of national symbols must be considered permissible if no objection is provided by relevant aut....
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