TIKKAM CHAND Vs. DEPUTY REGISTRAR OF TRADE MARKS

JUDGEMENT

(1.) In this petition the petitioner seeks to challenge the issuance of the letter dated 21st October,1997 whereby show cause notice has been given under Sections 18(4) and 19 of the Trade and Merchandise Marks Act, 1958 (hereinafter called 'the Act' for short).

(2.) Briefly stated, the claim of the petitioner is that in the year 1977, son of petitioner No.1 introduced small pouches and given them the name of 'Gutka'. The said pouches were being sold under the mark 'Prince' which were registered under No. 414884B in Class 31. The said trade mark 'Prince' as well as the trade mark'Gutka' were assigned in favour of the petitioner No.2.The assignments have been accepted. The Pan Masala under the trade mark 'Prince/PrinceGutka' had achieved a unique popularity. On 5th May, 1984 under Application No. 421497 in Class 34, application for registration of the trade mark 'Gutka' was filed. On 10th December, 1987 the trade mark was published and objections were invited but no objection was filed in time. However, after the Deputy Registrar passed an order on 26th April. 1993 on judicial side at the behest of some person, the impugned notice under Sec. 18(4)and Sec. 19 of the Act. This notice has been challenged on various grounds.

(3.) I have heard the learned Counsel for the petitioner and gone through the record. It cannot be accepted that Registrar has no power to reconsider after virtual acceptance of an application for registration before actual registration. Subsection (4) of Section 18 of the Act provides asunder: