MOTWANE PRIVATE LTD. Vs. REGISTRAR OF TRADE MARKS

JUDGEMENT

(1.) Rule. Returnable forthwith. Respondents waive service. By consent of the parties, heard finally.

(2.) This petition under Article 226 of the Constitution of India espouses a cause of action against the Registrar of Trade Marks-respondent no.1, in regard to non-renewal of three trademarks of the petitioner, which according to the petitioner inadvertently could not be renewed and which have continued to remain on the Register of Trade Marks.

(3.) The relevant facts need to be noted: It is petitioner's case that it had registered the trade mark "MOTWANE" (for short "the said mark") under Nos. 312470, 312472 and 312473, which according to the petitioner was renewed by the petitioner upto 17/2/1983. The said marks are stated to have been in continuous use by the petitioner in its business since 1976.