SHYAM SUNDER Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner had filed this petition on the allegations that despite the application of the petitioner for registration on trade mark having been allowed, the registration certificate has not been issued to the petitioner. The petitioner has, therefore, sought a direction to be given to the respondents to issue the registration certificate to the petitioner in respect of the trade mark 'OSHAM' application for which was registered as No. 441900 in Class-7 on 19th August, 1985. The petitioner has also prayed for renewal of the registration of the said mark for two period of seven years each from 19th August, 1992 and from 19th August, 1999, under the Act. Counsel for the respondent today states that respondents have already issued the registration certificate in respect of the Trade Mark No. 441900 in Class-7. It is further submitted that as regards the further renewal of the Trade Mark, the same will be taken up in near future, as most of the record of the Trade Mark Registry had been sent to the warehouse due to redesigning of the said office.

(2.) It is surprising that despite the trade mark having been registered in 1985, registration certificate has not been issued and even renewal has not been made despite the repeated representations made by the petitioner. Though the registration certificate, as submitted by the petitioner, has now been issued and insofar as relief (1) is concerned the petition may not survive but the renewal certificates for the period commencing from 19th August, 1992 and 19th August, 1999 has still to be issued. I, accordingly, issue a direction to the respondents to issue the renewals of the registration of trade mark for two periods of seven years each from 19th August, 1992 and 19th August, 1999 in accordance with the provisions of Trade and Merchandise Marks Act and the Rules framed thereunder, within two months from today. With these observations, the petition stands disposed of. C.M. No. 1279/2002

(3.) Since the petition has been disposed of, the application has become infructuous and the same stands disposed of.