- Case number
- W.P. No.15517 of 2021
- Court
- Madras High Court
- Date of judgment
- Judge
- K. Kumaresh Babu W. P
- Outcome
- Allowed
Headnote
Renewal application refused as out of time where the mark had been applied for in 1997, advertised in 2006, opposed, and only registered in 2019 after the opposition was rejected, by which time the renewal window measured from the application date had long passed. The Registry argued that section 25(3) could not apply because registration post-dated the renewal date. The Court held the objection fallacious: the statute requires the Registrar to intimate the proprietor under section 25(3) read with Rule 58 when the term is about to expire, and if the Registry's position is that the proprietor should have applied for renewal on grant, then the Registrar should have told him so when issuing the certificate, since the registration dates back to the application. The proprietor could not be faulted for a delay in registration caused by a third party's opposition.
Disposition
Writ petition allowed. The Registry directed to consider and renew.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.