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Tag: Trademark Prosecution

trademark

Natural Justice in Trademark Refusals: Purpos Planet Ruling

The Delhi High Court's ruling in Purpos Planet v. The Registrar of Trade Marks reinforces the fundamental requirement for quasi-judicial bodies to provide reasoned, speaking orders. When the Registry refuses a trademark application without addressing the applicant's substantive submissions—such as the anti-dissection rule or prior registrations—it violates natural justice. This case highlights the necessity of thorough examination practices and the right of applicants to receive a detailed explanation for rejection. The decision serves as a critical reminder that Registry orders must engage with the specific legal contentions raised by trademark applicants.

13 min read
trademark

Restoring Lapsed Trademarks: Rajinder Singh v. Registrar

The Delhi High Court's ruling in Rajinder Singh v. Registrar of Trade Marks underscores the mandatory obligation of the Registry to ensure proper service of renewal notices under Section 25(3). When the Registry fails to update address records and sends notices to defunct addresses, it cannot rely on its own procedural errors to extinguish a proprietor's rights. This case adds to a growing list of precedents where courts have intervened to restore marks lapsed due to administrative negligence, ensuring that commercial rights remain protected against bureaucratic failures in the trademark renewal process.

8 min read