The division bench of Bombay High Court in a recent judgement held that removal of a registered mark from the register without complying with the mandatory requirements of section 25(3) of the Trade Marks Act, 1999, read with its rules would be illegal.
In the Kleenage Products (India) v Registrar of Trademarks case, Kleenage was the owner of various trademarks including Swan Brand and Klitolin under which various products were sold. An application was tendered by Kleenage seeking registration of the trademark Klitolin, which was was duly registered. The trademark was renewed from time to time from 21 August 1988 to 21 August 2009. The trademark was due for renewal in 2009. However, inadvertently, Kleenage did not apply for renewal within six months from expiry of registration and its application was later disallowed by the registrar. Kleenage filed a writ petition before Bombay High Court seeking issuance of a writ of prohibition to prevent the Registrar of Trademarks from removing Kleenage’s trademark from the records. Kleenage contended that issuing a notice to the trademark proprietor under section 25(3) of the Trade Marks Act was mandatory in the absence of which the registrar should allow renewal of the trademark.
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