Upholds Registrar’s suo-moto power to cancel/vary trademark registration, maintain register’s purity
SC upholds Delhi HC (Division Bench) order whereby trademark registration certificate granted to appellant for trademark ‘BLENDERS PRIDE’ was invalidated; Notes the fact that Registrar had registered the trademark despite opposition notice from US co. (‘respondent’) selling whisky under mark ‘BLENDERS PRIDE’, however, later issued a show cause notice to cancel such registration exercising his suo moto powers u/s 57(4) of Trademarks Act; Rejects appellant’s contention that Sec 125 which bars Registrar’s power to cancel/vary trademark registration was applicable as appellant had filed an infringement suit relating to trademark ‘BLENDERS PRIDE’; Observes that since proceedings for rectification of trademark register were pending before filing of infringement suit, Registrar had power to cancel/vary trademark registration, explains that only if such rectification proceedings are filed after infringement suit, Registrar power shall be barred and only IPAB could hear the matter; Further upholds HC’s observation that Section 125(1) would not bar exercise of suo motu powers of Registrar, states that, “If the Registrar is barred from undertaking a suo motu exercise under Section 57(4) to maintain the purity of the register, there could conceivably be cases where a defendant, after raising the plea of invalidity in a suit for infringement, chooses not to proceed with the filing of a rectification petition before the Appellate Board” :SC
The ruling was delivered by Justice R.F. Nariman and Justice Kurian Joseph.
Company Secretary GAURAV SHARMA+919990694230 Connect on Watts App with Gaurav Email us [email protected] Official Blog Fema India Experts Connect with our Facebook Page:- Click and Like our Page Subscribe our Email updates like other 15,000 Members, Free/Easy/Comfortableway
SC upholds Delhi HC (Division Bench) order whereby trademark registration certificate granted to appellant for trademark ‘BLENDERS PRIDE’ was invalidated; Notes the fact that Registrar had registered the trademark despite opposition notice from US co. (‘respondent’) selling whisky under mark ‘BLENDERS PRIDE’, however, later issued a show cause notice to cancel such registration exercising his suo moto powers u/s 57(4) of Trademarks Act; Rejects appellant’s contention that Sec 125 which bars Registrar’s power to cancel/vary trademark registration was applicable as appellant had filed an infringement suit relating to trademark ‘BLENDERS PRIDE’; Observes that since proceedings for rectification of trademark register were pending before filing of infringement suit, Registrar had power to cancel/vary trademark registration, explains that only if such rectification proceedings are filed after infringement suit, Registrar power shall be barred and only IPAB could hear the matter; Further upholds HC’s observation that Section 125(1) would not bar exercise of suo motu powers of Registrar, states that, “If the Registrar is barred from undertaking a suo motu exercise under Section 57(4) to maintain the purity of the register, there could conceivably be cases where a defendant, after raising the plea of invalidity in a suit for infringement, chooses not to proceed with the filing of a rectification petition before the Appellate Board” :SC
The ruling was delivered by Justice R.F. Nariman and Justice Kurian Joseph.
Company Secretary GAURAV SHARMA+919990694230 Connect on Watts App with Gaurav Email us [email protected] Official Blog Fema India Experts Connect with our Facebook Page:- Click and Like our Page Subscribe our Email updates like other 15,000 Members, Free/Easy/Comfortableway
