PLAZA TRADING CO Vs. R K CABLES

JUDGEMENT

(1.) The only question arising in this appeal is whether an application for rectification of the register of a trade mark is maintainable without a certified copy of the entry to be rectified accompanying the application.

(2.) The appellant applied for rectification of the register in respect of trade mark No. 323-032 with respect to electrical goods. Certified copy of the relevant entry in the register was not filed with the application. The learned single Judge held :

(3.) Section 46 of the Trade and Merchandise Marks Act, 1958 (the "Act") provides that a registered trade mark may be taken off the register in respect of any of. the goods in respect of which it is on application made in the prescribed manner to a High Court or to the Registrar by any person aggrieved on the grounds stated in that section. Section 56 of the Act enables any person aggrieved, to make an application in the prescribed manner to a High Court or to the Registrar for cancelling or varying the registration of a trade mark on the ground of any contravention or failure to observe a condition entered on the register in relation thereto. Section 108 (1) of the Act requires an application for rectification of the register made to a High Court u/s 46 or Section 56 shall be in such form, and shall contain such particulars as may be prescribed, "Prescribed" has been defined in section 2(n) to mean, in relation to proceedings before a High Court, prescribed by rules made by the High Court. In exercise of powers conferred by Section 110 of the Act, the High Court has made Rules (hereinafter referred to as the "Rules").