Trademarks Registry required to send notice under section - 25(3)before removing trademark from register: Delhi HC

The Delhi High Court has directed the Trademarks Registry to consider all applications for renewal of trademarks that have no record of mandatory notice under Section 25(3) of the Trade Marks Act, 1999.

While doing so, the Court has held that Section 25(3) of the Trade Marks Act is mandatory in nature and that the Trademarks Registry is thus required to send a mandatory notice before removing a trademark from its register.

The order was passed by a Single Judge Bench of Justice JR in a petition by one Vijay Kumar Salwai, challenging the removal of his registered trademark. The removal was assailed on the ground that a notice under Section 25(3) was not issued by the Trademark Registry before removal.

The petitioner thus sought the restoration of his registered trademark.

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