B.E.C. INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) Allowed, subject to all just exceptions. Application is disposed of.

(2.) The Petitioner is the owner and registered proprietor of trademark bearing No. 278366 in class 9 for the mark "B.E.C. (logo)". The said mark was applied for in the year 1972 and was registered in 1978. The same was last renewed for a period of 10 years from 16th February, 2007. The next renewal had to be done prior to 16th February, 2017. The Petitioner's case is that it did not receive any notice for renewal and accordingly, it could also not apply for renewal as the counsel dealing with the matter had passed away and there was some miscommunication.

(3.) Sometime in August, 2019, the Petitioner, while sending its registration to a proposed joint venture partner-realised that the same was not renewed. It therefore approached a trademark attorney and tried to deposit the renewal fee, however, it noticed an online notice uploaded as O-3 notice on the trademark registry's website. A screenshot of the same has been placed on page 34 of the petition. Ld. counsel submits that when the said O-3 notice was opened for viewing, the same was shown as form RG-3, purportedly dated 2nd November, 2016.