Trademarks Registry required to send notice u/s 25(3) before removing trademark from register: Delhi HC

The Delhi High Court has directed the Trademarks Registry to consider all applications for renewal of trademarks that have no record of mandatory notice under Section 25(3) of the Trade Marks Act, 1999..While doing so, the Court has held that Section 25(3) of the Trade Marks Act is mandatory in nature and that the Trademarks Registry is thus required to send a mandatory notice before removing a trademark from its register..The order was passed by a Single Judge Bench of Justice JR Midha in a petition by one Vijay Kumar Salwai, challenging the removal of his registered trademark. The removal was assailed on the ground that a notice under Section 25(3) was not issued by the Trademark Registry before removal..The petitioner thus sought the restoration of his registered trademark..In its reply to the plea, the Registry conceded that no notice was issued to the petitioner under Section 25(3) of Act. However, a public notice inviting petitions within two months for the removed trademark was issued. This, the Registry argued was “sufficient compliance of law”..While appointing Advocate Swathi Sukumar as amicus curiae in the case, the Court had previously directed the Registry to place on record the list of trademarks removed without any notice under Section 25(3)..On the next date of hearing, the Registry claimed that the notice under Section 25(3) were issued but the record of the notice was not available. Therefore, it was not in a position to show the proof of having sent the notice..The Registry thus undertook to consider all applications of renewal where the relevant record of notice under Section 25(3) was unavailable..After recording the statement, the Court set aside the removal of the petitioner’s trademark. It clarified that the Registry was at liberty to issue fresh notice under Section 25(3), while the petitioner was at liberty to file an application for renewal of his trademark..The petitioner was represented by Advocates SK Bansal, Ajay Amitabh Suman, Amit Tomar and Sudhir Balyan..The Registry was represented by Standing Counsel Akshay Makhija with Advocates Seerat Deep Singh and Ankit Tyagi..Read the orders:.Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.