SWASTIK PLYBOARD LIMITED v. THE REGSITRAR OF TRADE MARKS
CW/7069/2023 · 2025-03-06
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14402 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14402 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:10070] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7069/2023 Swastik Plyboard Limited, D-8, Kabir Marg, Bani Park, Jaipur- 302 016 (Raj.). Through Director Anshul Jain ----Petitioner Versus The Regsitrar Of Trade Marks, Trade Marks Registry, Near Chankyapuri Overbridge, Ghatlodia, Ahmedabad-380061 ----Respondent For Petitioner(s) : Mr. GD Bansal For Respondent(s) : Mr. Digvijay Singh for Mr. Ashish Kumar HON'BLE MR. JUSTICE SUDESH BANSAL Order 06/03/2025
1. Instant civil writ petition under Article 226 of the Constitution of India has been filed by the petitioner, making a prayer to grant restoration and/ or renewal of the petitioner's trademark bearing Registrar No.1045288 dated 17.09.2001.
2. Reply to the writ petition, by and on behalf of respondent, has not been filed, despite giving ample opportunities.
3. Heard counsel for both the parties and perused the record.
4. It appears from the record that the trademark No.1045288 of petitioner was registered by the Registrar of Trademarks w.e.f. 17.09.2001 and same was renewed after expiry of 10 years up to
17.09.2021. It is the case of petitioner that the registered notice or notice through e-mail for renewal of the trademark was not sent by the respondent to the petitioner in compliance of Section 25(3) of the Trade Marks Act, 1999, though, the Form O-3 was
[2025:RJ-JP:10070] (2 of 2) [CW-7069/2023] uploaded on the official website of registered trademark on 18.06.2021, but same was never dispatched/ sent to the peti- tioner or his agent.
5. Taking into consideration the submission of counsel for peti- tioner and the provision of Section 25(3) the Trade Marks Act, 1999, which is mandatory in nature, petitioner is permitted to submit an appropriate application form praying for renewal of his trademark bearing Registrar No.1045288 along with requisite fee and penalty, if any.
6. If any such application is filed, same shall be considered and decided in accordance with law, on merits.
7. With aforesaid directions, the writ petition stands disposed of.
8. Stay application and other pending application(s), if any, stand disposed of.
(SUDESH BANSAL),J RONAK JAIMAN/28