SONY KABUSHIKI KAISHA Vs. SONY PLASTICS

JUDGEMENT

(1.) THE petitioner through the present petition under Article 227 of the Constitution of India want this Court to cancel the certificate of registration with regard to Trade Mark No. 512252 dated June 21, 1989 issued to the respondent. According to the learned counsel the said certificate was issued in respect of the aforementioned trade mark despite the notice of opposition filed by the petitioner at the Delhi office of the Trade Mark Registry. On making enquiries the attorneys of the petitioner were advised that the said opposition was pending and had not been disposed of. THE abovesaid certificate was issued and the aforesaid trade mark was registered on June 30, 1995 despite there being valid notice of its opposition. THE said registration of the trade mark is in contravention of the provisions of the Trade & Merchandise Marks Act, 1958. It has therefore, been prayed that the abovesaid certificate of registration be cancelled and the registration of the application No. 512242 be removed from the Register of Trade Marks.

(2.) LEARNED counsel for respondent No. 1 Mr. Aggarwal, on the other hand, has contended that the present petition is not maintainable inasmuch as once a trade mark is registered, as is the case in the instant case, and certificate of registration is issued, as has happened herein, in that eventuality the only course open to the petitioner is either to approach the High Court, or the Registrar under Section 56 of the Trade Merchandise & Marks Act, 1956 which deals with the power to cancel or vary registration and to rectify the registration.