MR. RAJU PATEL Vs. MATRA MOBILI PRIVATE LIMITED

JUDGEMENT

(1.) Petitioner No.1 is the original proprietor of the trade mark "SUNDAY". By an Assignment Deed dtd. 29/11/2024, Petitioner No.1 assigned this trade mark to Petitioner No.2. The Petitioners are unable to renew the trade mark registration bearing Application No.1823390 ("Trade Mark") or rectify the alert reflected on the status page of the Respondent's website, which reads as follows:

(2.) The facts relevant for this Petition are briefly stated as follows:

(3.) Ms. Kalra, learned counsel appearing for the Petitioners, submitted that although the registration expired on 29/5/2019, the Respondent can not remove the Trade Mark from the Register without first complying with the mandatory requirements prescribed under Sec. 25(3) of the Act read with Rule 58(1) of the Trade Marks Rules, 2017. The tracking number furnished by the Respondent is not traceable on the website of India Post, which displays the message "Consignment details not found against the consignment number EM692402790IN." The Respondent has not proved service of the notice contemplated under Sec. 25(3) of the Act. According to the learned counsel, the mere production of a dispatch number does not establish compliance with the statutory requirement of issuing the notice. It is contended that despite exercising due diligence, the Petitioners were unable to renew the registration because the mandatory notice was never served upon Petitioner No.1. In support of these submissions, reliance was placed on the decisions of this Court in Ipca Laboratories Limited vs. The Registrar of Trade Marks and Anr [ Writ Petition (Lodging) No. 2015 and 2016 of 2014], Cipla Ltd. vs. Registrar of Trade Marks [2013 SCC OnLine Bom 1270]and Cipla Ltd vs. Union of India [Writ Petition (Civil) - (IPD) No. 23 of 2025)] to contend that in the absence of proof of service under Sec. 25(3), the trade mark cannot be removed from the Register.