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2013 (11) TMI 593 - HC - Companies LawRestoration of Trademark – Held that:- There was nothing on record to either establish or indicate that the requisite notice was sent to the petitioner - There were no circumstances that warrant an inference to that effect - Considering the consequences of the order we are not inclined to speculate in this regard in the respondents' favour - In any event the failure to comply with the mandatory provisions of Section 25(3) was a jurisdictional issue which raises a pure question of law - We are therefore, inclined to entertain this petition in exercise of our extra ordinary jurisdiction under Article 226 of the Constitution of India. Analysis of Section 25 of the aforesaid Act shows that a trade mark registered may be renewed from time to time for periods of seven years each on making of an application and payment of the requisite fee - The application for renewal of the trade mark may be made, not earlier than six months before the expiration of the last registration of the trade mark - If such an application was made, the registration of the trade mark would be renewed, provided the conditions laid down under the Act and the Rules were satisfied - However, if no application was made for renewal of the registration of the trade mark and only two months were left before its expiration, then the Registrar was obliged to give a notice within one month to the registered proprietor or if there were more than one, to each of the registered proprietors, in writing in form O-3, of the approaching expiration of the registered trade mark - Upon receipt of said notice, the application for renewal of the registration may be made, in which case, the same would be renewed - If, however, after the expiration of the last registration of a trade mark, the renewal fee had not been paid despite issuance of a notice by the Registrar in form O-3, the Registrar may remove the trade mark from the register and advertise the fact forthwith in the journal. The question should not be approached from any penal point of view - If restoration was just, it is bound to be made - That was the effect of the scheme of the Act and the Rules - It was true there had been an inordinate delay - If that delay had led to registration of the trade mark in favour of someone else, it may be a different matter depending upon the facts of the case - No one else had applied for or claimed any right of registration in the said trade mark in the meantime - the respondents were directed to grant restoration and renewal of the trade mark registration CIPLA no.114794 dated 6th November 1945, of the petitioner paying the requisite charges and complying with the requisite formalities - Decided in favour of Petitioner.
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