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2013 (7) TMI 326 - BOMBAY HIGH COURTCommunication of objection - Petitioner not informed of objection raised on trademark application - Authority treated application abandoned - Held that:- respondent was bound to communicate any objection or proposal in writing to the applicant. The respondent admittedly did not do so. Placing the notice of the website does not constitute compliance with that Rule 38(4) - Rule 38(4) by itself does not require an applicant for registration to inspect the respondents' website. The petitioner therefore cannot be imputed with the knowledge of the said letter - Mere posting of the letter on the website does not constitute communication of the objection or proposal in writing - Letter can be said to have been communicated to the petitioner only on the date on which the petitioner noticed it on the website - Petitioner's application for registration cannot therefore, be deemed to have been abandoned - Decided in favour of Petitioner.
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