MALHOTRA BOOK DEPOT Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been preferred by the petitioner under Article 226 of the Constitution of India to seek a writ of mandamus against the respondents thereby directing them to grant restoration and/or renewal of the petitioners trademark registration No. 268211B dated 23.11.1970 in Class 16.

(2.) The case of the petitioner is that the petitioner obtained the registration of the stylized mark MBD under Registration No. 268211B on 23.11.1970 vide certificate dated 20.12.1971 issued by the Registrar of Trademarks. This registration was lastly renewed on 01.07.1977, and expired on 23.11.1984.

(3.) The petitioner submits that the said registration was not renewed, and the petitioner came to know of the fact that the Registrar of Trademarks have removed the said marks from the register on 12.04.2010. On 07.10.2010, the petitioner made an application for restoration of the said trademark on the register and renewal thereof. According to the petitioner, the respondent has not entertained this application. Consequently, this petition has been preferred.