Samsudeen A vs The Registrar of Trade Marks

"Trademark Rights Revived: Notice and Opportunity Matter"

- Case Number: C.M.A.(TM)No.10 of 2024

- Court: Madras High Court

- Judge: Justice Abdul Quddhose

- Date of Judgment: November 7, 2024

Case Summary :

The appellant, Samsudeen A, filed an application for trademark registration, which was opposed by the second respondent. The Trade Mark Registry issued a notice of opposition, but the appellant claimed not to have received it. The Registry subsequently ordered the abandonment of the appellant's trademark application due to failure to file a counter-statement within the statutory period.

Key Issues :

- Notice of Opposition: Whether the appellant received proper notice of the opposition petition from the first respondent.

- Abandonment of Application: Whether the abandonment of the trademark application was justified under Section 21(2) of the Trade Marks Act, 1999.

Judgment :

The court ruled in Favor of the appellant, quashing the order of abandonment and reinstating their right to contest the opposition to their trademark application. The court held that

- The appellant's claim of non-receipt of notice was credible.

- The first respondent's decision to abandon the application was made without proper consideration of the circumstances.

- The time for filing a counter-statement commences only from the date of receipt of notice by the appellant, as per Rule 42(5) of the TM Rules.