H S SAHNI Vs. UNION OF INDIA

JUDGEMENT

(1.) This hearing has been done by video conferencing.

(2.) The present petition has been filed by Mr. H.S. Sahni trading as M/s M.K. Auto Sales Corporation challenging the copyright registration bearing no. A-106276/2013, granted in favour of Respondent No.4 - M/s M.G. Cables (India) - a partnership firm.

(3.) The grievance of the Petitioner is that the label is an artistic work which also has a trademark and hence required a No Objection Certificate from the Trademark Registry under Section 45(1) of the Trade Marks Act, 1999. Mr. Bansal, ld. counsel appearing for the Petitioner submits that there are two search reports issued by the Trademark Registry, one in 2012 and one in 2016. According to him, owing to the fact that there are two search reports issued, the certificate of registration issued in 2013, which is based on the first search report, is completely invalid and the copyright registration is liable to be quashed. He further submits that it is quite strange that the Trademark Registry has issued two search reports dated 6th December, 2012 and 30th September, 2016 and if the latter search report is deemed to be correct then the copyright certificate is not tenable in law as the registration could not have been granted prior to the search report being issued.