Trademark cancellation only after issue of notice

The Bombay High Court recently ruled that the registration of a trademark cannot be removed without giving notice to the company owning it. Even if the owner of the trademark is negligent about applying for renewal of the trademark, the Registrar of Trade Marks cannot unilaterally remove the name, the high court stated in its judgment, Kleenage Products Ltd vs Registrar of Trade Marks.

It was emphasized in the judgement that if the registered proprietor did not apply for renewal, the Registrar must notify him of the approaching expiry of the trademark. Prior notice is a mandatory requirement because loss of the trademark has serious consequences for the company. The Registrar was directed to consider the company’s application for renewal of the trademark.