[2025:RJ-JP:9801] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9431/2022 Suresh Kumar Bhardwaj, Trading As M/s. Bhardwaj Oil Industries, H-83, 84, H-101, 102, HD Centre, Newi Rajasthan. ----Petitioner Versus Union Of India, Through Registrar Of Trade Marks Trade Marks Registry, Near Chankyapuri Overbridge, Ghatlodia, Ahmedabad- 380061 ----Respondent For Petitioner(s) : Mr. Ghanshyam Das Bansal For Respondent(s) : Mr. Rajendra Prasad Sharma HON'BLE MR. JUSTICE SUDESH BANSAL Order 05/03/2025 1. Heard learned counsel for both parties and perused the pleadings as well as documents available on record. 2. In the instant writ petition, filed by the petitioner under Article 226 of the Constitution of India, prayer has been made to direct the respondent to grant restoration and / or renewal of petitioner’s registered trademark No.1518808 dated 10.01.2007. 3. It appears from the record that Form O-3 dated 04.10.2016 (R/2) was sent by the respondent to the petitioner for renewal of his trademark but the address of petitioner indicated in such Form is incorrect. In the registration Form of petitioner, his address is of ‘Newai’ whereas in the Form O-3, his address has been indicated as ‘Newal’.’ Hence, due to sending the Form on incorrect address, same could not be delivered to the petitioner, rather was returned [2025:RJ-JP:9801] (2 of 2) [CW-9431/2022] to the respondent. It is undisputed that no notice to the Agent of the petitioner was sent. 4. Provision of Section 25(3) in the Trade Marks Act, 1999 mandates for sending registered notice to the registered trademark holder and proprietor but since in the present case, registered notice on correct address has not been sent and therefore, the petitioner is entitled to seek renewal of his trademark subject to fulfilling the requirement of law including deposition of fee and penalty, if any. 5. Hence, the petitioner is permitted to move a fresh application form for renewal of his registered trademark in accordance with law and same shall be considered by the respondent on merits. 6. With aforesaid observation, the instant writ petition stands disposed of. 7. Stay application and any other pending application, if any, also sand disposed of. (SUDESH BANSAL),J TN/79