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Registrar cannot remove trademark from record without notice to trademark holder

In Kleenage Products (India) Private Limited vs The Registrar of Trade Marks, the petitioner had applied for registration of trademark ‘KLITOLIN’ which was accepted and from 1988 to 2009, the said trademark was renewed multiple times. The trademark was due for renewal on August 21, 2009, but the petitioner failed to tender application for renewal.

 It was, thereafter, revealed that the trademark is likely to be removed from the register.

The petitioner contended that the Registrar of Trademarks (respondent No.1) also failed to issue the requisite mandatory notice in Form O-3 to him (the registered proprietor) under Section 25(3) of the Trade Marks Act, 1999.

The Bombay High Court allowed the petition holding that any such removal can only be possible if prior notice, mandatory under Section 25(3) of the Trade Marks Act 1999, has been given

Article referred: http://www.livelaw.in/removal-registered-trademarks-cant-done-without-giving-prior-notice-registered-proprietor-bombay-hc-read-judgment/

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