In the case of Raj Vardhan Patodia (HUF) vs. Registrar of Trade Marks & Anr., decided on August 5, 2024, the Delhi High Court dealt with a trademark dispute concerning the “SIGNUM GROUP” mark. Particularly, the issue before the Court was whether the abandonment of the opposition filed by the Appellant was valid or not.
The appellant, a Hindu Undivided Family (HUF) engaged in real estate development, applied for trademark registration of “SIGNUM GROUP” in Classes 36 and 37, and the application was published in the Trade Mark Journal. Subsequently, respondent No. 2 filed an application to register a similar trademark, “SIGNUM 370,” claiming usage since 2016 in Class 36. The appellant opposed this application, but due to an error by the Registrar of Trade Marks, the opposition was mistakenly deemed abandoned after incorrect documents were sent to the appellant.
The appellant brought the case to the High Court, and it was noted that the error occurred due to a glitch in the Registrar’s office, which led to the miscommunication. The Court acknowledged this mistake and, without delving into the merits of the trademark dispute itself, set aside the abandonment order dated November 3, 2023. The Court restored the trademark application of respondent No. 2 to its original status and directed the Registrar to resend the correct documents to the appellant within four weeks, ensuring proper legal procedures are followed. Additionally, the registration certificate issued to respondent No. 2 was nullified, effectively reopening the trademark opposition proceedings.
Citation: Raj Vardhan Patodia (HUF) v. Registrar of Trade Marks & Anr., C.A.(COMM.IPD-TM) 11/2024, I.A. 3373/2024-S (H.C. Delhi Aug. 5, 2024). Available at: http://indiankanoon.org/doc/39655299/, Visited on: 27/08/2024.
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